This Court disposed of a writ appeal challenging the impleadment of a third party. The Court modified the single judge's order permitting the party to appear as an intervenor instead of an impleaded respondent.
Counsel allowed intervener status; appeal disposed; interlocutory application disposed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF MARCH, 2021
PRESENT
THE HON’BLE MR.JUSTICE SATISH CHANDRA SHARMA
AND
THE HON’BLE MR.JUSTICE S.VISHWAJITH SHETTY
WRIT APPEAL NO.32 OF 2021 (GM-TEN)
BETWEEN:
M S RAMAIAH CITY RESIDENTS' WELFARE ASSOCIATION (REGD.) A SOCIETY REGISTERED UNDER THE SOCIETIES REGISTRATION ACT, 1960 HAVING ITS REGD. OFFICE AT M.S. RAMAIAH CITY, JP NAGAR, 8TH PHASE, BANGALORE 560076. REPRESENTED BY ITS PRESIDENT SRI SHASHIKANTH S KARGUDRI
...APPELLANT
(BY SMT. G.K.BHAVANA, ADVOCATE)
AND:
AMRUTH NAGARA SOUDAMIN LAYOUT, BENGALURU 560062.
…RESPONDENTS (BY SRI.HARISH.H.V, ADVOCATE FOR R4; R1 TO R3 SERVED)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF
THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 09/12/2020 PASSED BY THE LEARNED SINGLE JUDGE ON IA NO.2/2016 IN WP NO.16713/2016.
THIS WRIT APPEAL COMING ON FOR PRELIMINARY
HEARING THIS DAY, SATISH CHANDRA SHARMA J., DELIVERED THE FOLLOWING:
JUDGMENT
The present writ appeal is arising out of the order dated 09.12.2020 passed in W.P.No.16713/2016.
argued before this Court that the application for impleadment has wrongly been allowed by the learned Single Judge and the person who has filed the application for impleadment cannot be added as a party as he is totally a stranger to the lis involved in this writ appeal. The learned counsel for the impleaded respondent has argued before this Court that he is a necessay party as action in the matter was initiated on his complaint only.
this Court, learned counsel for the appellant has graciously accepted that the person who has sought his impleadment can be permitted to appear as an intervenor.
Sd/-
1 issue framed by the court
Whether the person seeking impleadment should be added as a party or permitted to appear as an intervenor.
M S Ramaiah City Residents' Welfare Association (Regd.)
Commissioner, Bruhat Bengaluru Mahanagara Palike
Executive Engineer, Bruhat Bengaluru Mahanagara Palike
Assistant Executive Engineer, Anjanapura Sub Division
Sri K N Sharath Babu
Satish Chandra Sharma
S. Vishwajith Shetty
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
