Final Order 1

Order Details: Chamber summons
Pdf Text: 1 Order on C/S.748-19 in Su.No.2757-19
IN THE CITY CIVIL COURT FOR GREATER BOMBAY
AT MUMBAI.
ORDER ON CHAMBER SUMMONS NO.748 OF 2019
(CNR No. MHCC010037862019)
IN
L.C. SUIT NO. 2757 OF 2019
Mitesh Kapsi & Others. ]...Applicants/Org.Applicants
In the matter between
Mr. Kamran Mushtaq Shaikh ]...Plaintiff
Versus
Mumbai Minicipal Corporation & Anr.]...Defendants
Appearances:
Ld. Advocate Mr.Kumbhare for the Plaintiff.
Ld. Advocate Ms.Ankita for applicant
Ld. Adv. Mrs.Dipali Patil h/f Khandagale for defendant/MCGM.
CORAM : HIS HONOUR JUDGE
SHRI U.J. MORE
(Court Room no. 8)
DATED : 15th January, 2020
ORDER ON CHAMBER SUMMONS NO.748 OF 2020
1] Third party application moved Chamber Summons to
implead them as a party. It is stated that plaintiff is a tracepassers and
forcibly and illegally taken possession of the Flat bearing No. 701, 7th
floor, Flora Avenue Building, 10th Road, Opposite Sandu Garden,
Chembur (East), Mumbai.
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2] Plaintiff had fixed a door and grill at the entrance of the
terrace i.e. where the staircase ends with intention to restrain the other
residents of the society to access the terrace which is a common area of
the society and must be accessible to all the residents. There is a water
tank, lift room due to the illegal action of the plaintiff the entry of the
other residents has been restricted and are deprived of their right to use
the common area.
3] It is stated that, the plaintiff had stopped the working of
the lift and the same is not functional from last 78 months. There are
senior citizens living in the society and are not able to climb up and
down the staircase. The plaintiff did not stop here. However, the
plaintiff has put grills on the way to the terrace and converted the entire
terrace into its own house. Further, the plaintiff has threatened the
other residents of the society by bringing the 45 Gundas in the society.
There is life threat to the residents comprising children, women, senior
citizens, etc. of the said premises.
4] Therefore, plaintiff denied illegal activities and confined
the movement of the residence the complaint filed to Municipal
Commissioner and Assistant Commissioner of Police on 14.04.2018,
02.07.2018 and 31.10.2018. On the otherside the application is
strongly objected by the plaintiff. It is contended that the applicants are
caused in MRTP Case No. 12 of 2015 and 13 of 2015. The corporation
issued notice u/sec. 488 to the plaintiff regarding unauthorized fixing of
Collapsible Gate 1.30m X 2.5m and preventing the entry from 6th and
7th Floor and therefore order to inspect the premises after inspection
issued notice u/sec. 55 of MRTP Act. There were several case against
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the applicants at Chembur Police Station.
5] The intervener had Flora Private Limited. It is inactive due
to dispute between members. Again the intervener formed new
company at Flora Friends Association without any permission. Hence
prayed for rejection of application.
6] Heard both the sides at length.
7] It is not disputed that the plaintiff has challenged notice
u/section 55 of the MRTP Act of 1966 dated 23.02.2019 reference
No.85861 issued by the corporation. Documents of the plaintiffs
transpires that dispute is going on when the members of the same
building. Where the plaintiff is residing. The documents filed by the
plaintiff transpires that the various complaint is lodged against the
intervener visa versa. Dispute is regarding unauthorized construction on
the 6th and 7th floor by blocking the entry of the other members of the
apartment by the plaintiff and also stopping lift facility for the 5th and
6th floor.
8] Ld. Adv.Patil holding for defendant corporation has pithily
submitted that the applicants only made complaints to corporation
regarding unauthorized premises. therefore, there presence in suit will
not defeat ends of justice.
9] Therefore, I am of concrete opinion that intervener shall be
the right parties without whom it would not be suitable to decide the
issue of unauthorized construction on merit. The intervener are the
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proper and necessary parties to suit which is filed by challenging notice
under section 55 of MRTP Act, 1966. It would not cause inconvenience
to the plaintiff. Therefore, intervener are entitled to implead as
necessary party in the shoes of defendant. Accordingly, I hold to pass
following order:
O R D E R
1. Chamber Summons No.748/2019 is made absolute.
2. Plaintiff to carry out amendment within two weeks.
(U.J. More)
Judge,
Date : 15/01/2020 City Civil Court, Gr. Mumbai
Dictated on : 15.01.2020
Transcribed on : 15.01.2020
Signed by HHJ on : 15.01.2020
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 15.01.2020 at 5.30 p.m.
NAME OF STENOGRAPHER : Mr.G.R.Suryawanshi
Name of the Judge (With Court
Room no.)
HHJ Shri. U.J.More.
C.R. no.08
Date of Pronouncement of
JUDGMENT/ORDER
15.01.2020
JUDGMENT/ORDER signed by
P.O. on
15.01.2020
JUDGMENT/ORDER uploaded
on
15.01.2020
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