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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 15^TH DAY OF MARCH, 2021

PRESENT

THE HON’BLE MR.JUSTICE SATISH CHANDRA SHARMA

AND

THE HON’BLE MR.JUSTICE S.VISHWAJITH SHETTY

WRIT APPEAL NO.32 OF 2021 (GM-TEN)

BETWEEN:

M S RAMAIAH CITY RESIDENTS'

WELFARE ASSOCIATION (REGD.)

A SOCIETY REGISTERED UNDER THE

SOCIETIES REGISTRATION ACT, 1960

HAVING ITS REGD. OFFICE AT

M.S. RAMAIAH CITY, JP NAGAR,

8^TH PHASE, BANGALORE 560076.

REPRESENTED BY ITS PRESIDENT

SRI SHASHIKANTH S KARGUDRI

...APPELLANT

(BY SMT. G.K.BHAVANA, ADVOCATE)

AND:

1.

COMMISSIONER,

BRUHAT BENGALURU MAHANAGARA PALIKE

N.R.SQUARE, CORPORATION CIRCLE,

HUDSON CIRCLE,

BANGALORE 560002.

2.

EXECUTIVE ENGINEER

BRUHAT BENGALURU MAHANAGAR PALIKE,

BANGALORE SOUTH DIVISION,

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AMRUTH NAGARA SOUDAMIN LAYOUT,

BENGALURU 560062.

3.

ASSISTANT EXECUTIVE ENGINEER

ANJANAPURA SUB DIVISION,

2^ND MAIN ROAD, 6^TH CROSS, RBI LAYOUT,

KOTHANUR MAIN ROAD,

BENGLURU 560078

4.

SRI K N SHARATH BABU

S/O D.K.NAGARAJ,

AGED ABOUT 36 YEARS,

MEMBER OF THE

SRI SHIRDI SAI DHARSHANAM TRUST (R)

CA NO.2, M.S.RAMAIAH SOUTH CITY,

NRUPATHUNGA NAGAR,

KOTHANUR DINNE MAIN ROAD,

J.P.NAGAR, 7^TH PHASE,

BENGALURU 560078

…RESPONDENTS

(BY SRI.HARISH.H.V, ADVOCATE FOR R4;

R1 TO R3 SERVED)

THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF

THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE

THE ORDER DATED 09/12/2020 PASSED BY THE LEARNED

SINGLE JUDGE ON IA NO.2/2016 IN WP NO.16713/2016.

THIS WRIT APPEAL COMING ON FOR PRELIMINARY

HEARING THIS DAY, SATISH CHANDRA SHARMA J.,

DELIVERED THE FOLLOWING:

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JUDGMENT

The present writ appeal is arising out of the order

dated 09.12.2020 passed in W.P.No.16713/2016.

2.

Learned counsel for the appellant has

argued before this Court that the application for

impleadment has wrongly been allowed by the learned

Single Judge and the person who has filed the

application for impleadment cannot be added as a

party as he is totally a stranger to the lis involved in

this writ appeal. The learned counsel for the

impleaded respondent has argued before this Court

that he is a necessay party as action in the matter was

initiated on his complaint only.

3.

While the matter was being argued before

this Court, learned counsel for the appellant has

graciously accepted that the person who has sought his

impleadment can be permitted to appear as an

intervenor.

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4.

In the light of the magnanimity shown by

the learned counsel for the appellant, the order passed

by the learned Single Judge is modified. The person

who has filed the application for impleadment shall be

permitted to appear as an intervenor.

5.

The writ appeal stands disposed of.

6.

The pending interlocutory application does

not survive for consideration and stands disposed of.

Sd/-

JUDGE

Sd/-

JUDGE

CA

CHAITHRA

A

Digitally

signed by

CHAITHRA

A

Date:

2021.03.18

15:43:47

+0530