respect of the setback
area between their house. It is alleged that accused No.1 and
2 are agreed to leave the passage between these ... accused No.1 and 2 were
constructing the house by leaving setback area. When they
went near that place and asked the accused
unauthorized construction
3 O.S.No.3323/2012
constructed on the setback area measuring 3x25 feet
on the western side including the pillars and chajjas ... 3323/2012
Defendant is putting up her residential building
without leaving setback area on the western side
in contravention of the byelaws of BBMP
Byelaws by leaving proper setback. Inspite
of it, the defendant No.2 continued construction by
erecting pillars in the setback area. The plaintiff
approached jurisdictional ... requested to remove the construction made in the
setback area and to stop further construction undertaken
by defendant No.2. The defendant No.1 also
further
construction on the said suit schedule property without leaving
the setback area and mandatory injunction to demolish the
construction which is already ... without leaving the
setback area, and for costs and such other reliefs.
2. It is averred in the plaint that, the plaintiff is the
absolute
suggestion that as they had enimity with the
accused regarding the setback area, they have filed this false
complaint against the accused. He has admitted ... requested PW.1 Devaraju to
construct the house by leaving setback area, PW.1 agreed for
the same. That on 1.8.2014 he along with
violation of the sanctioned plan including the
staircase in the setback area on the eastern side
abutting this defendant's property. The defendant
craves ... plaintiff had to put
up a mesh over his setback area of about 3 feet
adjoining the compound wall separating both
premises to prevent
construction in the portion behind
his existing house and within the setback area
abutting their property. He has excavated the ground
to lay foundation within ... setback area and on
encroaching upon the area of their land, which they
have left for passage of drainage water and the
foundation
without any
authority of law and the construction made in the setback
area of site No.12/1 constructed by defendants ... measuring 45 X 75 feet. Earlier
the plaintiff and defendants kept setback area. The original
owner Krishna Singh kept the setback area measuring
South-Western side of the schedule property. Though
the setback area is left open, it exclusively belongs to the
5
O.S. No.4964/2008 ... South-Western side of the schedule property and further,
the setback area is left open exclusively belongs to the
plaintiff and no other person
property and
acquisition or alleged easementary right and encroachment on the
setback area blocking the air and light as alleged by the plaintiff.
The very ... entire area on
the Western side encroaching upon the setback area and in this
connection, the Court Commissioner can be appointed for
irrespective disputed property
