KOKILABEN JITUBHAI PATEL Vs. VASANTBHAI RAMANBHAI SHAH

JUDGEMENT

(1.) By this application, the applicant seeks her impleadment as respondent no.5 in the captioned petition on the following averments made by the petitioner in paragraph 17, 19 and 24.

(2.) The application is opposed by learned counsel Mr.Patel appearing for Mr.Majmudar principally on the ground that the petitioner being a dominus litis and he having not prayed for any reliefs against the applicant, cannot be foisted with an unwanted party. Reliance is placed upon the following decisions: decisions:

(3.) Learned counsel for the petitioner has submitted that the petitioner is an interested party because the disputed illegal construction is a nuisance existing in the residential locality where the applicant resides. As indicated above, the only authority which is entitled to take the action of the nature urged by the applicant are the respondents. The applicant has already put the machinery in motion and therefore now the matter is strictly between the petitioner and respondents.