Final Order 1

Order Details: Chamber summons
Pdf Text: :1: Ch/Sum.307/18 in S.C. Suit No.245/18
IN THE BOMBAY CITY CIVIL COURT, AT MUMBAI
CHAMBER SUMMONS NO.307 OF 2018
IN
S.C. SUIT NO.245 OF 2018
Deepak Namdev Salunkhe
Shop No.L3 X/43C, Towards East,
Outside of Room no.1, Bldg. No.320,
Janki Niwas, Near Sai Baba Temple,
LBS Marg, Old Kurla West,
Mumbai – 400 070. Plaintiff.
V/s.
Mumbai Municipal Corporation of Greater Bombay,
Having its head office at
Mahapalika Marg,
Mumbai – 400 001. Defendants.
And
1. Omprakash Sukhdev Gupta
Aged 57 years, Occ. Business,
114/7, Vinayak Baug,
Balaji Mandir Marg,
Kurla (West), Mumbai400070.
2. Rajendra Sukhdev Gupta
Aged 54 years, Occ. Business,
Room No.5, 2nd Floor,
Sawli Niketan, Balaji Mandir Marg,
Kurla (West), Mumbai – 400 070.
Advocate Mr. Ashish Mistra for applicants.
Advocate Mr. R.P. Singh for plaintiff.
Advocate Mr. Khandagale for Defts./BMC.
CORAM : HER HONOUR JUDGE
MS. SUREKHA R. PATIL.
(C.R.NO.11)
DATE : 24th JULY, 2018
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:2: Ch/Sum.307/18 in S.C. Suit No.245/18
ORAL ORDER
The applicants have filed chamber summons to implead
them as a party/defendants.
2. Applicants submit that applicant no.1 is the joint owner in
respect of the property situated at CTS no. 272/1 to 272/10, Mauje
Kurla. The said property is an ancestral property and same stands in
Revenue record in the name of mother of applicants i.e. Smt. Janaklalli
Sukhdev Kalwar (Gupta). Plaintiff constructed illegal shop covering the
open road on the land of the applicants. The BMC issued notice under
Section 354 of MMC Act dated 27.05.2015 to the plaintiff as a tenant
and also to the applicants being the landlord of the said building. On
17.11.2017 BMC had issued the notice to plaintiff and applicants to
vacate the said room. Applicants being the owner have vital interest in
the suit premises and are necessary and proper parties to the suit.
Hence, they filed present Chamber summons to implead them as a
party/defendants.
3. Plaintiff filed their reply, thereby strongly objected present
chamber summons on the ground that only to harass the plaintiff,
without any reason applicant filed present chamber summons. The
plaintiff filed the present suit, thereby challenged notice issued under
Section 354 of MMC Act in respect of suit building i.e. Janki Niwas.
The plaintiff has not sought any relief against the present applicants. As
per Order I Rule 10 of CPC, the applicants are not entitled to join as a
party to the suit, hence, plaintiff prayed to reject the chamber
summons.
4. Heard advocate for applicants, plaintiff and defendants.
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:3: Ch/Sum.307/18 in S.C. Suit No.245/18
After perusal of documents filed with the Chamber
Summons it is observed that the mother of the applicant is the coowner
of the plot, in which suit premises is situated. The plaintiff also not
disputed the said fact. The notice under Section 354 of MMC Act dated
27.05.2015, which is challenged by plaintiff, is also issued to the
present applicant no.1 alongwith all the tenants.
5. The applicant has rightly relied on the citation of Hon'ble
Supreme Court reported in AIR 1997 Supreme court 64 in the case
of Aliji Monoji & Co. V/s Lalji Mavji and others, in which it has held
that
In the event of building being demolished, the
right, title and interest of the landlord would directly
be affected. The landlord would be a proper party,
though no relief has been sought against the landlord.
6. Being the owner of the suit structure the applicants have
right and interest in the suit structure and their rights are also affected.
Though no relief has been sought against them but being the owner
they are the proper party to adjudicate the real controversy in the
present suit. Therefore, it is necessary and proper to implead the
applicants as a defendants. Hence, I proceed to pass following order :
ORDER
1. Chamber Summons No.307/18 is allowed in terms of
prayer clause 'a'.
2. The plaintiff to carry out necessary amendment as per the
Rules.
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:4: Ch/Sum.307/18 in S.C. Suit No.245/18
3. Ch/sum disposed of accordingly.
(SUREKHA R.PATIL)
Judge,
City Civil Court,
Gr. Bombay.
Date: 24/07/2018.
Dictated on : 24/07/2018
Transcribed on : 26/07/2018
Signed on : 26/07/2018
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
27/07/2018 At 11.51 a.m. MRS. K. S. JADHAV
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
HHJ MS. S. R. PATIL
(C.R.NO.11)
Date of pronouncement of
Judgment/Order
24/07/2018
Judgment/Order signed by P.O. on 26/07/2018
Judgment/Order uploaded on 27/07/2018
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