- 1 - NC: 2025:KHC:14841 MFA No. 4797 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.4797 OF 2024 (CPC) BETWEEN: HABITAT SPLENDOUR OWNERS’ ASSOCIATION, REGISTERED UNDER THE KARNATAKA APARTMENT OWNERSHIP ACT, 1972, HAVING ITS OFFICE AT ITPL MAIN ROAD, KUNDALAHALLI, BROOKEFILED, NEAR CMR INSTITUTE, BANGALORE – 560 037. REP. BY ITS PRESIDENT MR. UPANSHU SINGHAL …APPELLANT (BY SRI. VACHAN.H.V, ADVOCATE FOR SMT. KAVITHA DAMODARAN, ADVOCATE) AND: 1. BRUHAT BENGALURU MAHANAGARA PALIKE HUDSON CIRCLE, BANGALORE – 560 002. 2. ASSISTANT EXECUTIVE ENGINEER BRUHAT BANGALORE MAHANAGARA PALIKE, HOODY SUB-DIVISION BANGALORE – 560 048. …RESPONDENTS (BY SRI. MONESH KUMAR K.B, ADVOCATE) THIS MFA FILED UNDER ORDER 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 19.03.2024 PASSED ON I.A.NO.7 IN O.S.NO.495/2017 ON THE FILE OF THE ADDITIONAL CITY Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14841 MFA No. 4797 of 2024 CIVIL AND SESSIONS JUDGE, BENGALURU, REJECTING I.A. NO.7 FILED UNDER ORDER 39 RULE 4 OF CPC. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT Heard the arguments of learned Advocates appearing for both parties. 2. The appellant/plaintiff has filed a suit for permanent injunction and application filed by the appellant/plaintiff under Order XXXIX Rules 1 and 2 of CPC r/w Section 151 of CPC, is rejected. The only 2 prayers made by the plaintiff in the application is; firstly, to clean up the suit schedule ‘B’ property and secondly, to put up compound wall over the suit schedule ‘B’ property. 3. It is the allegation against the plaintiff by respondent/defendant that suit schedule ‘B’ property is claiming to be the road by Bruhat Bengaluru Mahanagara Palike. Whether it is a vacant site or road, is a question to be considered in full fledged trial in the suit. Therefore, considering the submission that suit schedule ‘B’ property - 3 - NC: 2025:KHC:14841 MFA No. 4797 of 2024 contains full of garbage, which has become a habitat of snakes, scorpions and other poisonous insects, the appeal is confined only to clean up the property. 4. Placing the submission of learned counsel for the appellant/plaintiff on record, the appellant/plaintiff is permitted to clean up the suit schedule ‘B’ property to make free from snakes, scorpions and other poisonous insects and keep the suit schedule ‘B’ property vacant without putting up the compound wall or any other structure on it. 5. With this direction, the appellant/plaintiff is permitted to clean up suit schedule ‘B’ property and after cleaning the property, said suit schedule ‘B’ property shall be kept vacant without putting up any construction and compound wall on it and shall keep the same as vacant site only. Accordingly, the appeal stands disposed of. SD/- (HANCHATE SANJEEVKUMAR) JUDGE DR List No.: 1 Sl No.: 31