JUDGMENT

R.M. Lodha, J.

Leave granted.

2. The respondent No. 1 herein filed a suit for declaration and perpetual injunction against the Greater Hyderabad Municipal Corporation (respondent No. 2 herein) and the Assistant City Planner (respondent No. 3 herein). In the suit, the respondent No. 1 (plaintiff) prayed that notice dated 23.12.2009 issued under Section 452 of the Greater Hyderabad Municipal Corporation Act, 1955 be declared as illegal, void and not legally tenable. It was further prayed that the defendants (respondent Nos. 2 and 3 herein) have no right to interfere with the construction being put up by the plaintiff. The plaintiff also prayed for perpetual injunction restraining the two defendants, their officers/officials/servants from interfering with the suit scheduled property and by directing them not to demolish or cause any damage to the suit schedule property.

3. The appellant, who is plaintiff's neighbour, made applications for his impleadment in the suit and the application for interim relief. The applicant did not claim any right, title or interest in the suit schedule property but claimed that there is infringement of his right of light and air if the construction by the plaintiff is commenced and completed and, therefore, he is a proper party in the matter.

4. The trial court heard the plaintiff and the proposed party and by order dated 20.07.2010 allowed the said applications. The trial court, while allowing the said applications made by the present appellant, observed as follows :-

“The claim of petitioner is that, though he is not claiming right over the property of plaintiff, his grievance is only about the construction being made by the plaintiff because it is effecting his right for light and air. The objection of the plaintiff is that because he is challenging the notice issued by the Municipality in respect of the construction, since the petitioner is not having any right over the suit property, he is not necessary party. I have considered other submissions also made and the citations relied by the either side. Under Order 1 Rule 10 a party would become necessary party or proper party if he is having only over the subject matter to be adjudication under the suit and then can be impleaded. In this case though the third party petitioner is not claiming any title over the property. Even if the pleadings of the plaintiff have to be considered, the title of the plaintiff over the suit property is not in dispute. What is in dispute among the plaintiff and the defendants already on record is about the construction being made by the plaintiff. Because the defendants already on record have said to have issued notice to the plaintiff stating that the construction is illegal. Challenging the said notice the present suit is filed. The present suit is filed after withdrawing the previous suit for injunction filed against Municipality said to be filed before issuance of the notice under Section 452 of Municipal Act. In that case the petitioner had already been impleaded on his application as he was expressing the grievance of the infringement of his right for light and air in view of the construction of the plaintiff. Having considered the decisions relied by either party to my considered opinion, the decision relied by the third party petitioner is that similar facts as of the present case on hand wherein the Court held that though the said third party is not a necessary party, but he is proper party in respect of his grievance to the suit proceedings there in and ordered his impleading in the suit. The facts in the decisions relied by the Learned Counsel for plaintiff are not similar to the facts on hand. Therefore by following the decisions relied by Learned Counsel for third party petitioner in 2005 (6) ALD NOC 223 (Between : Neelam Ajit Vs. S. Suresh Reddy and another), I hold that the third party petitioner can be impleaded in the suit and as well as the application for injunction as Defendant No. 3 and Res