SHRINIVAS KONGOVI Vs. SMT.VIJAYA KUMARI SHANMUGAM

JUDGEMENT

(1.) W.A.No.4399/2017 and W.P.No.45073/2017 have been placed on Board as connected cases for final hearing. It may be noticed at the outset that the said writ petition, though filed as a matter to be heard by the learned Single Judge, has been placed as connected with W.A.No.4399/2017 pursuant to the order dated 27.10.2017, which reads as under:

(2.) The writ appeal is directed against the order dated 31.05.2017 as passed by the learned Single Judge in Writ Petition No.14690/2017. The said writ petition was filed by the present appellant against the order dated 19.12.2016, as passed by the Karnataka Appellate Tribunal, Bengaluru, declining his prayer for intervening in a pending appeal bearing No.640/2016. In essence, the prayer of the petitioner/appellant for joining the said appeal was based on the fact that he was the neighbour in relation to the property in question and was the complainant against the construction in question and hence, he was having direct interest in the subject matter of the appeal and was entitled to be heard in the matter.

(3.) The learned Single Judge declined the prayer of the petitioner/appellant, particularly with reference to the decision of the Hon'ble Supreme Court in Ramesh Hirachand Kundamal Vs. Municipal Corporation of Greater Bombay and others; [(1992) 2 SCC 524] and with the finding that the petitioner/appellant was neither a necessary nor even a proper party to the lis.