G SRIPATHI RAO Vs. B GIRISH AITHAL

JUDGEMENT

(1.) Petitioner has invoked the writ jurisdiction of this Court for assailing the order dated 01.12.2015 whereby, his application in I.A.No.4 under Order I Rule 3 and Rule 10(2) of CPC for his impleadment as the 2nd defendant to the suit in O.S.No.278/2012 has been rejected.

(2.) After service of notice, the respondents have entered appearance through their counsel. The respondent/plaintiff opposes the Writ Petition, whereas the respondent/defendant-Udupi Town Municipality supports it.

(3.) Learned counsel for the petitioner vehemently contends that the steps taken by the respondent-Municipality against the petitioner for alleged illegal construction/violation of building byelaws is on the complaint filed by the petitioner and therefore, is a most proper party if not the necessary party for the complete adjudication of the 1st respondent's suit in O.S.No.478/2012 wherein, the 2nd respondent-Municipality happens to be the sole defendant.