Final Order 1

Order Details: Chamber summons
Pdf Text: 54
04/01/2022
SU.2271/18
CORAM : H.H.J. SHRI S.D. KULKARNI, (C.R.NO.08)
Adv Megha Shigvan for plaintiff present.
Adv Khandagale h/f Adv Rawade for defendant / MCGM present.
None for applicant.
ORDER ON CH/S NO.329/2019
Perused Ch/s, affidavit in support thereof and documents
filed on record. Heard both advocate at length.
The applicant contended that he is the occupier and in
possession of Room No.4 and 5 of Suit premises namely ''Solanki
Bhavan''. His right, title and interest involved in the suit premises.
The ultimate decision of the Suit affects on his civil rights.
Therefore applicant prayed that he be join as a party defendant in
the Suit.
On perusal of the record it reveals that the CTS No.804
and 804/1 to 4, therein a house consists of Ground plus first floor.
The above property consists of four tenements at the ground floor
and four tenements at first floor. The four tenements at the first
floor is the subject matter of this Suit and referred as Suit structure.
In the Ch/s applicant nowhere mentioned whether his Rooms
situated at Ground floor or First floor. Herein this case, plaintiff has
challenged the notice dated 13.03.2018 and order dated
10.04.2018. The said notice was issued in respect of the Suit
structure i.e. four tenements on the first floor of the said house i.e.
Solanki Bhavan. The applicant in the entire affidavit nowhere
mentioned that his room situated at the ground floor or at the first
floor.
The advocate for the plaintiff relied on the decision in the
Case of Mohammad Hussain Gulam Ali Vs Municipal
Corporation of Greater Bombay, 2017(6) ALL MR 420 (S.C).
Therein, the Honble Supreme Court told that it is a settled principle
of law, which does not need any authority to support the principle,
that the plaintiff being a dominus litis cannot be forced to add any
person as party to his suit unless it is held keeping in view the
pleadings and the relief claimed therein that a person sought to be
added as party is a necessary party and without his presence
neither the suit can proceed and nor the relief can be granted.
On going through the entire record, applicant nowhere
stated that his interest involved in the Suit property. Applicant not
sufficiently brought on record that he is a necessary party and
without his presence, neither the suit can be proceeded nor the
relief can be granted. Therefore, in my opinion applicant is not
entitled for the relief prayed. Considering this I pass following order
ORDER
1. Ch/s No.329/2019 is dismissed being devoid of merits.
2. Ch/s No.329/2019 is disposed off accordingly.
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Earlier order, if any, to continue till next date.
Adjd. To 17/02/2022 for NM hearing.
Judge
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