CASE NO.: Appeal (civil) 4068 of 2002 PETITIONER: G. BORAIAH RESPONDENT: NARAYANAPPA AND ANR DATE OF JUDGMENT: 26/03/2008 BENCH: H.K. SEMA & MARKANDEY KATJU JUDGMENT:
JUDGMENT
O R D E R
CIVIL APPEAL NO. 4068 OF 2002
Heard the parties.
This appeal preferred by the defendant is directed against the judgment and order
dated 11/1/2001 passed by the High Court in RSA No.319/1990.
This Court, by an order dated 31/8/1998, allowed the impleadment application
impleading Commissioner, Town Municipal Council, Chitradurga as respondent No.2.
By another order dated 15/10/1999, this Court set aside the order of the High Court and
the appeal was remanded to the High Court for fresh disposal in accordance with law.
Despite this Court’s order impleading the Commissioner, Town Municipal Council,
Chitradurga as respondent No.2, the plaintiff failed to implead the Commissioner, Town
Municipal Council, Chitradurga as party respondent.
On this short ground, the impugned order of the High Court is set aside. The matter
is remanded to the High Court.
………2.
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Commissioner, Town Municipal Council, Chitradurga is a necessary party. The
plaintiff shall implead the Commissioner, Town Municipal Council, Chitradurga as
party respondent. The High Court shall dispose of the appeal in accordance with law
after hearing all the parties.
Appeal is allowed in the above terms.