IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JANUARY 2019 PRESENT HON’BLE MR. JUSTICE L. NARAYANA SWAMY AND HON’BLE MR. JUSTICE ASHOK B. NIJAGANNAVAR WRIT APPEAL NO.3485 OF 2018 (LB-BMP) BETWEEN:
SRI. SREENIVAS S GOWDA S/O LATE SANJEEVAPPA AGED ABOUT 62 YEARS, R/AT NO. 15, GAYATHRI HBCS LAYOUT 11TH CROSS, BASAVESHWARA NAGAR, BENGALURU - 560 079.
(BY SRI. RAJESWARA P N, ADV.) AND:
1. THE COMMISSIONER BRUHAT BENGALURU MAHANAGAR PALIKE, N.R.SQUARE BENGALURU - 560 001.
2. THE JOINT COMMISSIONER BRUHATH BENGALURU MAHANAGARA PALIKE RAJARAJESHWARINAGARA ZONE BENGALURU - 560 098 BENGALURU CITY ... APPELLANT 3. ASSISTANT DIRECTOR OF TOWN PLANNING BRUHATH BENGALURU MAHANAGARA PALIKE, RAJARAJESHWARI NAGARA BENGALURU - 560 098.
4. THE ASSISTANT REVENUE OFFICER BRUHATH BENGALURU MAHANAGARA PALIKE, RAJARAJESHWARINAGARA SUB-DIVISION BENGALURU - 560 098.
5. SMT. HEMALATHA M D/O LATE S MUDDAVEERAPPA, R/AT NO.456, 10TH MAIN, 3RD STAGE, 4TH BLOCK, WEST OF CHORD ROAD, BENGALURU - 560 079.
... RESPONDENTS (BY SRI: V SREENIDHI, ADV. FOR R1-R4; SRI.P.B.SADASIVAPPA, ADV. FOR R5) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 14/12/2018 PASSED BY THE LEARNED SINGLE JUDGE IN WP NO.54190/2018 [LB-BMP] IN SO FAR AS IT ENTITLES THE 5TH RESPONDENT TO CARRYOUT THE INCIDENTAL WORKS IN RESPECT OF BASEMENT AND GROUND FLOOR.
THIS WRIT APPEAL COMING ON FOR ORDERS, THIS DAY, NARAYANA SWAMY J., DELIVERED THE FOLLOWING:
O R D E R Against the order dated 14th December, 2018 passed by the learned judge permitting the petitioner to complete the incidental works relating to the structure already put up, this appeal is filed.
This Court, by its order dated 19th December, 2018 passed an order directing both the parties to maintain status-quo as existing as on that date.
The first respondent filed application IA.I of 2009 seeking vacating of the interim order.
Heard the learned counsel for the parties. Writ petition is pending and the interim order, granting status-quo is extended for another period of two weeks. In the meanwhile, the appellant is permitted to make necessary application before the learned Single Judge for modification or any other orders. Reserving the said liberty to the appellant, this appeal stands disposed of.
Sd/- JUDGE Sd/- JUDGE lnn