K S SIDDARAJ Vs. V SRINIVAS

JUDGEMENT

(1.) PETITIONER a facilitator and a complainant having lodged a complaint with the respondent- BBMP over alleged construction of building by his neighbour-1st respondent, contrary to the building Byelaws and Plan sanction leading to initiation of proceeding under Section 321 of the Karnataka Municipal Corporations Act, 1976, for short the 'Act', followed by a final order under Subsection (3) of Section 321 directing demolition of certain offensive portions of the building. That order when carried in Appeal No.875/2011 before the Karnataka Appellate Tribunal, Bangalore, the petitioner is said to have filed IA under Order I Rule 10 CPC to be impleaded as a proper and necessary party, whence, the Karnataka Appellate Tribunal by order dt. 2.2.2012 Annexure-A rejected the application. Hence this petition invoking Article 227 of the Constitution of India.

(2.) PETITION under Article 227 of the Constitution of India is not an appeal against the orders of the Karnataka Appellate Tribunal unless the order is shown to suffer from an error patent and apparent on the face of the record.

(3.) PETITION being meritless is rejected.