- 1 - HC-KAR CNR: KAHC010208212023 NC: 2026:KHC:42971 RSA No. 752 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 752 OF 2023 (INJ) BETWEEN: 1. SHRI. I. MANJUNATH, SON OF LATE IYANAHALLI GURUSANGAPPA AGED ABOUT 63 YEARS R/AT DOOR NO. 2547/1 "SANTRUPTI", 6TH CROSS, 6TH MAIN, MCC A BLOCK DAVANGERE - 577 001. 2. SRI. I. JAYADEEP SON OF LATE IYANAHALLI GURUSANGAPPA AGED ABOUT 54 YEARS R/AT DOOR NO. 2547/1 "SANTRUPTI", 6TH CROSS, 6TH MAIN, MCC A BLOCK DAVANGERE - 577 001. …APPELLANTS (BY SRI. T.N. VISWANATHA, ADVOCATE) AND: 1. SRI. B.G. NAGRAJ SON OF GURUBASAPPA AGED ABOUT 66 YEARS R/AT DOOR NO. 11/12 KALIKADEVI ROAD DAVANAGERE - 577 001. Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010208212023 NC: 2026:KHC:42971 RSA No. 752 of 2023 2. SMT. RENUKA NAGRAJ WIFE OF B.G. NAGARAJU AGED ABOUT 61 YEARS R/AT DOOR NO. 11/12 KALIKADEVI ROAD DAVANAGERE - 577 001. 3. SRI. HARSHA N. BANKAPUR S/O B.G. NAGARAJU AGED ABOUT 61 YEARS R/AT DOOR NO. 11/12 KALIKADEVI ROAD DAVANAGERE - 577 001. …RESPONDENTS (BY SRI. MANJUNATH S, ADVOCATE FOR R1 TO R3) THIS RSA IS FILED UNDER SEC.100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 16.01.2023 PASSED IN RA NO. 67/2021 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, DAVANAGERE DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 01.10.2021 PASSED IN OS NO. 274/2013 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE, DAVANAGERE. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR CNR: KAHC010208212023 NC: 2026:KHC:42971 RSA No. 752 of 2023 CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER Learned counsel for the respondents has filed a memo. Memo reads as under: “The Respondents in the above case most respectfully submits as hereunder: 1. The above appeal is filed by the Appellants, being aggrieved by the Judgement and Decree dated 01-10-2021 passed in O. S No. 274/2013 on the file of the Hon'ble Principal Civil Judge, Davangere and against the Judgement and Decree dated 16-01- 2023 passed in R. A. No.67/2021 on the file of the Hon'ble III Additional Senior Civil Judge and JMFC, Davangere. 2. The Respondents are the owners of the Schedule "B" Property and the Appellants are the owners of the Schedule "A" Property. The grievance of the Appellants is that the Respondents herein had started to construct a commercial property in a residential zone, without obtaining necessary approvals/sanction from the competent authorities. The Respondents submit that the Schedule "B" Property has been permitted to be used for Commercial Purpose vide Government Order dated 01-01-2016. 3. The Respondents herewith submits that during 2013, they had only commenced foundational work and raised few pillars, necessary for the purpose of construction and as the same was commenced prior to obtaining the Sanction Plan, the Respondents hereby undertake to remove the entire pillars so constructed/raised and any other construction put upon by them over the Schedule B Property within a period of Eight weeks from today. In furtherance, the Respondents undertake that they shall secure - 4 - HC-KAR CNR: KAHC010208212023 NC: 2026:KHC:42971 RSA No. 752 of 2023 necessary approvals/licenses/plans from the competent authorities and then commence any development/construction in accordance with the approved plans and building bye-laws. In light of the above, the Respondents most respectfully prays that this Hon'ble Court may be pleased to dispose the above appeal in terms of this Memo and pass such other order/s as deemed fit in the circumstances of the case and in the ends of justice and equity.” Placing the memo on record, appeal stands disposed of as no further orders are necessary. Sd/- (V SRISHANANDA) JUDGE KAV List No.: 1 Sl No.: 49