Final Order 1

Order Details: Chamber summons
Pdf Text: Chamber Summons No. 225/2018 ..1.. In Suit No. 273/2018
CNR NO.MHCC010016622018
IN THE CITY CIVIL COURT FOR GREATER BOMBAY
AT BOMBAY
CHAMBER SUMMONS NO.225 OF 2018
IN
L.C. SUIT NO. 273 OF 2018
Mr. Saifulla Chaudhary,
Aged : 44 years, Occ. : Business,
Carrying Business in the name and style,
Poonam Petroleum, Gala Adm.2000 Sq.ft.,
Behind Bagdadi Hotel, Nasibullah
Compound, Kurla Kalina Road,
Kalpana Theatre, Kurla (West),
Mumbai 400 0070. ...Plaintiff.
Versus
The Municipal Corporation of Gr. Mumbai,
(Through Asst. Municipal Commissioner),
Mahapalika Bhavan, Mahapalika Marg,
C.S.T., Fort, Mumbai 400 001.
Through Its LWard Office,
Kurla (West), Mumbai 400 072. ...Defendant
AND
Mohd. Shafique S/o Mohd. Razzaque,
Aged : 44 years, Occ. : Business,
Residing At : Behind Bagdadi Hotel,
Kurla Kalina Road, Kurla (West),
Sakinaka, Mumbai 400 0070. ...Applicant.
Appearance :
Mr. V. T. Dubey, Advocate for Plaintiff.
Ms. Mhatre, Advocate for Defendants/MCGM.
Mr. Asit Singh, Advocate for Applicant.
-- 1 of 4 --
Chamber Summons No. 225/2018 ..2.. In Suit No. 273/2018
CORAM : HIS HONOUR JUDGE
SHRI A.N. MARE (C.R. No.11)
DATE : 23RD OCTOBER 2019.
O R D E R
This Chamber Summons is taken out by applicant
seeking direction to the plaintiff to implead the applicant as
defendant No.2 in the Suit.
2. Applicant has come with a case that he is carrying on
business adjoining to the suit premises. There is 3 ft lane for
common access to the applicant and others. The plaintiff attempted
raising illegal construction with a view to close the 3 ft lane.
Therefore, applicant has lodged complaint with the defendant
Corporation. Defendant Corporation has demolished the illegal
construction by the plaintiff but the plaintiff again carried on such
construction. The applicant has filed Suit No.2667/2017 in which
adinterim relief is granted by the Court. The plaintiff has
approached this Court by filing present suit without adding the
applicant and by suppressing material facts. Applicant's presence in
the suit is necessary to bring on record material facts which are
suppressed by the plaintiff. The applicant is a necessary party.
3. Chamber Summons is opposed by the plaintiff on the
ground that the suit premises is existing and is dully assessed. The
subject matter of suit is challenge to the Notice issued under Section
354A of the MMC Act. The applicant's presence is not required to
adjudicate the issues in present suit. Applicant has no interest in the
suit premises. The contentions raised in the affidavit filed in support
-- 2 of 4 --
Chamber Summons No. 225/2018 ..3.. In Suit No. 273/2018
of Chamber Summons are incorrect.
4. Perused. Heard.
5. Perusal of plaint reveals that, the plaintiff is challenging
a notice issued by defendant Corporation under Section 354A of
MMC Act and the speaking order passed in its furtherance.
6. It is not the applicant's case that he has direct interest
in the suit premises. His contention of plaintiff closing the 3 ft lane
is already subjudice in Suit No.2669/2017 filed by the applicant.
Considering the issues that may arise for adjudication in present
suit, the applicant's presence is certainly not required either as a
necessary party or a proper party to the suit. Addition of applicant
as defendant No.2 will unnecessarily enlarge the scope of the suit.
The suit can be effectively and completely decided even in the
absence of the applicant. In view of this, the Chamber Summons is
meritless. Hence, following order.
ORDER
1. Chamber Summons No. 225 of 2018 dismissed.
2. No order as to costs.
(A. N. MARE)
Judge,
Date : 23.10.2019 City Civil Court, Gr. Mumbai.
Dictated On : 23.10.2019
Transcribed on : 23.10.2019
HHJ Signed on : 24.10.2019
-- 3 of 4 --
Chamber Summons No. 225/2018 ..4.. In Suit No. 273/2018
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
01.11.2019 4.13 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 23.10.2019
Order signed by P.O. on 24.10.2019
Order uploaded on 01.11.2019
-- 4 of 4 --