Final Order 1

Order Details: Other
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Sr. No.1
14.08.2023
Misc Appeal
260/18
@ Misc Appln 29/19
Exh.
CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C. R. NO.19)
Appellant and advocate absent.
Adv. Pratik Shetty h/f Adv. Som Sinha a/w Adv. Sunil Khandagale
for respondent/BMC present.
Shri. Arun Laxman Naik, Estate Inspector, P/North Ward a/w Shri.
Shankar Masurekar, Senior Estate Inspector for BMC present.
Judgment is pronounced in open court.
Exh. - Judgment.
F.R.S.R. Following order is passed.
ORDER
1. Misc. Appeal No.260 of 2018 is dismissed as not maintainable.
2. The Competent Authority to proceed with the proceedings after
four weeks after receipt of this order.
3. Inform the concerned Competent Authority.
ORDER ON MISC. APPLICATION NO.29 OF 2019:
1. By the present application, the applicant intends to implead
one more respondent to the present appeal.
2. It is contended that the common order in proceedings have
been passed and it has resulted in closure of evidence. Hence, he
should be added as respondent.
3. At the outset, the Respondent no.69 proposed to be added as
nothing to do with the present proceedings or the order in appeal.
He has liberty to proceed and file appropriate proceedings as he may
be entitled to. He cannot piggy-ride on the someone else or with
appellant to raise his claim. Even if, one considers the appeal to be
maintainable, he cannot add himself as party and claim right when
the impugned order is in other proceedings. May be the orders are
the same, but that does not imply right and entitle to respondent
no.69 to raise such claim as prayed for. Hence, I find no merits in
the application and pass the following order.
ORDER
Misc. Application No.29 of 2019 is hereby rejected.
Sd/-
Principal Judge,
Gr. Mumbai.
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