Final Order 1

Order Details: Chamber summons
Pdf Text: Chamber Summons No. 204/2019 ..1.. In Suit No. 2275/2017
CNR NO.MHCC010045252017
IN THE CITY CIVIL COURT FOR GREATER BOMBAY
AT BOMBAY
CHAMBER SUMMONS NO.204 OF 2019
IN
L.C. SUIT NO.2275 OF 2017
1. Mr. Arvind Lxmidas Joysar,
Aged : 51 years,
Residing At : Pereira Wadi,
Near Samata School, Mohali,
Sakinaka, Andheri (East),
Mumbai 400 0072.
2. Ravishankar Sambhaji Yadav,
Aged : 37 years,
Residing At : Pereira Wadi,
Near Samata School, Mohali,
Sakinaka, Andheri (East),
Mumbai 400 0072. ...Plaintiffs.
Versus
The Municipal Corporation of
Greater Mumbai,
Having their Head Office At :
'L' Ward, Mumbai 400 001. ... Defendant.
AND
Mr. Sameer Gangaram Pawar,
Aged : 53 years,
Residing At : Room No. 13,
Nirwana Housing Society,
Ganesh Nagar, Parerawadi,
Mohali, Sakinaka, Andheri (East),
Mumbai 400 0072. ... Applicant.
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Chamber Summons No. 204/2019 ..2.. In Suit No. 2275/2017
Appearance :
Mr. V. T. Dubey, Advocate for Plaintiffs.
Mr. Giri, Advocate for Defendant/MCGM.
Mr. Rasal, Advocate for applicant.
CORAM : HIS HONOUR JUDGE
SHRI A.N. MARE (C.R. No.11)
DATE : 19TH OCTOBER, 2019.
O R D E R
In a suit challenging the legally of the notice issued under
Section 354A of the M.M.C. Act & an order passed thereon, and
permanent injunction to restrain defendant Corporation from acting
upon such notice and order, the applicant has taken out the
Chamber Summons seeking direction to the plaintiff to implead him
as defendant No.2. Such impleadment is sought mainly on three
grounds. The first one is that the alleged illegal construction by the
plaintiff is affecting the easementary rights of the applicant to enjoy
Light, Air and the way. Second ground is that due to alleged illegal
construction the stability of applicant's structure is threatened. The
last ground is that on applicant's complaint the defendant
Corporation has issued a notice under Section 354A to the plaintiff.
2. It is settled legal position that a necessary party is a
party in whose absence an effective decree can not be passed in the
suit. In this case considering the nature of dispute in the suit and
the relief sought, the only necessary party to the suit can be the
defendant corporation. The applicant can agitate his grievance if the
circumstances give rise to a cause of action for him to file a suit
seeking the redressal of his grievances. He can not be a necessary
party in the present suit. Hence, following order.
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Chamber Summons No. 204/2019 ..3.. In Suit No. 2275/2017
ORDER
1. Chamber Summons No. 204 of 2019 is dismissed.
2. No order as to costs.
(A. N. MARE)
Judge,
Date : 19.10.2019 City Civil Court, Gr. Mumbai.
Dictated On : 19.10.2019
Transcribed on : 19.10.2019
HHJ Signed on : 22.10.2019
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Chamber Summons No. 204/2019 ..4.. In Suit No. 2275/2017
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
22.10.2019 5.24 p.m. Mahendrasing D. Patil (H.G. Steno)
Name of the Judge H.H.J. SHRI. A. N. MARE
(Court Room No. 11)
Date of pronouncement of Order 19.10.2019
Order signed by P.O. on 22.10.2019
Order uploaded on 22.10.2019
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