NAGARAJ Vs. THE COMMISSIONER

JUDGEMENT

(1.) "Whether the petitioners are the persons interested in question of law directly and substantially involved in O.S.No.289/2017 on the file of Principal Civil Judge and J.M.F.C., Chikkaballapur?" is the question involved in this case.

(2.) Second respondent filed O.S.No.289/2017 against the first respondent before the Civil Judge, Chikkaballapur, for perpetual injunction against removal or demolition of the western compound wall of her residential building bearing khata No.1681/1524 situated in Ward No.9 of Chikkaballapura Town. She contended that she constructed the house under the building licence dated 18.10.1989 issued by the first respondent. She further contended that at the instigation of her neighbours, the first respondent is trying to demolish the western side compound wall illegally, thus, sought for perpetual injunction.

(3.) The impugned order Annexure-H indicates that though the first respondent appeared in the suit has not filed written statement to contest the suit. Petitioners filed Interlocutory Application Annexure-F in the said suit under Order I Rule 8A read with Section 151 of CPC, contending that between their house and the house of the plaintiff, 15 feet wide public road situates to access the main road. They further contended that respondent No.2 has constructed compound wall encroaching over 2 feet area of the public road thereby their right to way is affected and sought to come on record to assist the court for effectual adjudication of the matter.