This petition is filed under Article 227 of the Constitution

of India, seeking prayer to quash the order dated 27.01.2023

passed on I.A.No.2 dated 17.01.2023 in M.A.No.10/2023 on

the file of the IV Additional District and Sessions Judge,

Mysuru.

Brief facts giving rise to filing of this petition is that

the petitioner herein has filed an application under Order 1 Rule

10(2) read with Section 151 of CPC, seeking prayer to implead

her as respondent No.4 in M.A.No.10/2023 filed by respondent

No.1 herein. The said application came to be rejected by the

Appellate Court. Being aggrieved by the same, present writ

petition is filed.

The petitioner claims that she is the absolute owner

of the property bearing Municipal Door No.811/F9 measuring

East to West 8^1/2 feet and North to South 60 feet situated at

10^th Cross, Ramanuja Road, Khille Mohalla, Mysuru and

respondent No.1 herein is the owner of the adjacent property.

It is averred that Respondent No.1 has put up construction in

his property by demolishing the common wall existing between

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the petitioner and respondent No.1 property by causing

damage to the common wall. Hence, the petitioner herein was

compelled to file a complaint with respondent No.2-The

Commissioner, Mysuru City Corporation, Mysuru alleging that

the respondent No.2 is putting up illegal construction. It is

further averred that when respondent No.2-Corporation failed

to take action on the representation submitted by the

petitioner, the petitioner has filed O.S.No.1430/2021 seeking

prayer to declare that the Wall existing in between the house of

petitioner and respondent No.1 herein on the eastern side of

the petitioner's house is a common wall for the house of the

petitioner and respondent No.1 and further prayer to declare

that the defendant/respondent No.1 has no right of whatsoever

to cause any damage to the said Wall. The said suit ended in

compromise. In the said compromise, respondent No.1-

Judgment Debtor has agreed that he would restore the said

common wall to its original position by taking necessary repair

works, however the respondent No.1-Judgment Debtor in

O.S.No.1430/2021

has

failed

to

adhere

to

terms

of

compromise, which has compelled the petitioner to file

Execution Petition in Ex.No.125/2022.

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During

the

pendency

of

execution

petition,

respondent

No.2-Corporation

has

issued

notice

and

subsequently passed orders dated 05.09.2022 and 03.01.2023

under Section 321(3) of the Karnataka Municipal Corporations

Act, 1976 (for short 'KMC Act'), directing respondent No.1 to

bring the construction in conformity with the sanction plan.

Respondent No.1 has filed an appeal in M.A.No.10/2023 before

the District Court, assailing the confirmation order dated

21.11.2022 passed by respondent No.2 Corporation. The

petitioner herein has filed an application under Order 1 Rule

10(2) read with Section 151 of CPC seeking herself to implead

as respondent No.4 in the said appeal. The said application

was rejected by the Appellate Court. Being aggrieved by the

same, the petitioner is before this Court.

5.

Smt.M.R.Mamatha, learned counsel appearing for

the petitioner submits that the Appellate Court has committed

grave error in rejecting the application filed by the petitioner

seeking to implead herself as a party to the proceedings in

M.A.No.10/2023 as it is the petitioner who has filed the

complaint before respondent No.2-Corporation about putting up

of illegal construction by respondent No.1 and on the basis of

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her

complaint,

the

Corporation

has

issued

notice

and

subsequently passed an order of confirmation. Hence, the

petitioner is a proper and necessary party in the appeal as her

property rights are involved. It is submitted that respondent

No.1 herein was the defendant in O.S.No.1430/2021 who has

agreed in the compromise that he would restore the common

wall to its original position and without doing so, he has started

putting up illegal construction contrary to the sanction plan and

w