MEENAKSHI Vs. SHIVARUDRAPPA

JUDGEMENT

(1.) This petition is filed under Article 227 of the Constitution of India, seeking prayer to quash the order dtd. 27/1/2023 passed on I.A.No.2 dtd. 17/1/2023 in M.A.No.10/2023 on the file of the IV Additional District and Sessions Judge, Mysuru.

(2.) Brief facts giving rise to filing of this petition is that the petitioner herein has filed an application under Order 1 Rule 10(2) read with Sec. 151 of CPC, seeking prayer to implead her as respondent No.4 in M.A.No.10/2023 filed by respondent No.1 herein. The said application came to be rejected by the Appellate Court. Being aggrieved by the same, present writ petition is filed.

(3.) The petitioner claims that she is the absolute owner of the property bearing Municipal Door No.811/F9 measuring East to West 81/2 feet and North to South 60 feet situated at 10th Cross, Ramanuja Road, Khille Mohalla, Mysuru and respondent No.1 herein is the owner of the adjacent property. It is averred that Respondent No.1 has put up construction in his property by demolishing the common wall existing between the petitioner and respondent No.1 property by causing damage to the common wall. Hence, the petitioner herein was compelled to file a complaint with respondent No.2-The Commissioner, Mysuru City Corporation, Mysuru alleging that the respondent No.2 is putting up illegal construction. It is further averred that when respondent No.2-Corporation failed to take action on the representation submitted by the petitioner, the petitioner has filed O.S.No.1430/2021 seeking prayer to declare that the Wall existing in between the house of petitioner and respondent No.1 herein on the eastern side of the petitioner's house is a common wall for the house of the petitioner and respondent No.1 and further prayer to declare that the defendant/respondent No.1 has no right of whatsoever to cause any damage to the said Wall. The said suit ended in compromise. In the said compromise, respondent No.1- Judgment Debtor has agreed that he would restore the said common wall to its original position by taking necessary repair works, however the respondent No.1-Judgment Debtor in O.S.No.1430/2021 has failed to adhere to terms of compromise, which has compelled the petitioner to file Execution Petition in Ex.No.125/2022.