- 1 - HC-KAR NC: 2026:KHC:15083 WP No. 11820 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 11820 OF 2023 (LB-RES) BETWEEN: 1. PATRICK J. REGO, S/O LATE ALBERT J V REGO AGED ABOUT 66 YEARS, RESIDING AT DOOR NO. 3-W-3-233 XAVIER STREET, BEHIND BEJAI CHURCH BEJAI P O., MANGALORE- 575 004. 2. SHANTHI ROSEMARIE NORONHA DAUGHTER OF LATE ALBERT J V REGO AGED ABOUT 65 YEARS, RESIDING AT "SHARON", BHARATHINAGAR BEJAI P O MANGALORE-575 004. 3. JAMES ARTHUR REGO S/O LATE ALBERT J V REGO AGED ABOUT 62 YEARS, RESIDING AT 65 JONES STREET STIRLING, PERTH WESTERN AUSTRALIA 6021 AUSTRALIA. 4. BEATRICE JRINE REGO MARTIES DAUGHTER OF LATE ALBERT J V REGO Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:15083 WP No. 11820 of 2023 AGED ABOUT 61 YERS, RESIDING AT 34 FAIRWAY DRIVE, EAST HANOVER NEW JERSEY 079 936 USA. 5. JOHN SALVADORE BERTRAM REGO S/O LATE ALBERT J V REGO AGED ABOUT 56 YEARS, RESIDING AT DOOR NO.3 -W-3-233 XAVIER STREET BEHIND BEJAI CHURCH BEJAI, MANGALORE - 575 004. …PETITIONERS (BY SRI. ARUN GOVINDRAJ.,ADVOCATE) AND: 1. THE COMMISSIONER, MANGALORE CITY CORPORATION, LALBAGH, MANGALORE 575 003. 2. THE JOINT DIRECTOR AND PUBLIC INFORMATION OFFICER MANGALORE CITY CORPORATION, LALBAGH MANGALORE - 575 003. 3. THE TOWN PLANNING OFFICER MANGALORE CITY CORPORATION LALBAGH MANGALORE - 575003. 4. THE ASSISTANT TOWN PLANNING OFFICER MANGALORE CITY CORPORATION, - 3 - HC-KAR NC: 2026:KHC:15083 WP No. 11820 of 2023 LALBAGH MANGALORE - 575 003. 5. HILDA MENDONCA WIFE OF LATE STANY FELIX MENDONCA AGED NOT KNOWN, RESIDING AT DOOR NO. 3-W-3-232/1 XAVIER STREET, BEHIND BEJAI CHURCH BEJAI P O, MANGALORE - 575 004. …RESPONDENTS (BY SRI. HAREESH BHANDARY T.,ADVOCATE FOR R1 TO R4 SMT.AKSHATHA SHETTY.K., ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENTS 1 TO 4 TO INITIATE APPROPRIATE ACTION FOR DEMOLITION UNDER SECTION 321 OF THE KARNATAKA MUNICIPAL CORPORATIONS ACT, 1976, AGAINST THE ILLEGAL CANOPY PUT UP BY THE RESPONDENT NO.5, IN TERMS WITH ENDORSEMENT DATED 01.07.2015 BEARING NO.E4/CR53/2015.16(ANNEXURE-E) NOTICE DATED 08.09.2015 BEARING NO.E4/CR53/2015.16(ANNEXURE-G) AND NOTICE DATED 30.05.2022 BEARING NO.E4/CR53/2015.16(ANNEXURE-N) ISSUED BY THE RESPONDENT NO.2 TO THE PETITIONER AND RESPONDENT NO.5 AND ETC., - 4 - HC-KAR NC: 2026:KHC:15083 WP No. 11820 of 2023 THIS PETITION, COMING ON FOR ORDERS THROUGH VIDEO CONFERENCING / PHYSICAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER The petitioners and respondent No.5 are neighbours. The allegation of the petitioners is that respondent No.5 has erected a canopy on her property which stretches up to the boundary of her property resulting in the rain water spilling onto the property of the petitioners and causing damage to it. 2. The learned counsel appearing for respondent No.5 submits that the petitioners have planted a jackfruit tree which has spread over the property of respondent No.5. It is contended that the jackfruits, small branches and leaves from the said jackfruit tree frequently fall on the persons walking on the property of respondent No.5 and to safeguard against that, she has erected a canopy. - 5 - HC-KAR NC: 2026:KHC:15083 WP No. 11820 of 2023 3. The photographs produced on record indicate that the submissions made by the learned counsel appearing for the petitioners as well as the learned counsel appearing for respondent No.5 are true. 4. Prudence requires that both the petitioners and respondent No.5 manage their respective properties in such a manner that no nuisance is caused to each other. 5. The learned counsel appearing for the petitioners submits that subsequently the jackfruit tree has been cut and that it is no longer causing any nuisance to respondent No.5. 6. Learned counsel for respondent No.5 submits that the canopy will be altered in such a manner that rainwater from the property of respondent No.5 will not fall onto the property of the petitioners. The petitioners submit that they are agreeable to the same. 7. Accordingly, the Writ Petition is hereby disposed of, directing respondent No.5 to alter the - 6 - HC-KAR NC: 2026:KHC:15083 WP No. 11820 of 2023 canopy in such a manner that rainwater from her property will not fall on the property of the petitioners and the canopy which is said to be presently abutting into the property of the petitioners will also be altered, so that it remains within the property of respondent No.5. Sd/- (M.I.ARUN) JUDGE CH List No.: 1 Sl No.: 30