Final Order 1

Order Details: Chamber summons
Pdf Text: CNR NO : MHCC01-006998-2019. .1. CH/S No. 1252/2019 in
L.C. Suit No. 836/2018.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
CHAMBER SUMMONS NO. 1252 OF 2019.
IN
L.C. SUIT NO. 836 OF 2018.
Mohd. Chand Guru Rehman +1. …………...…. … PLAINTIFFS.
V/s.
MCGM+1. …………………………………..…… … DEFENDANTS.
Jamiat Ahlehadees Educational Society,
through Ibrahim Abdul Kader Mansuri. …….… … APPLICANT.
CORAM : SHRI. A.G. SANTANI.
(Court Room No.11).
DATED : 25th October, 2023.
APPEARANCES :
Mr. Yuvraj Patil, the Ld. Advocate for Plaintiff.
Mr. G.O. Giri, the Ld. Advocate for Defendant/MCGM.
Mr. Ibrahim Abdul Kader Mansuri, CA for the applicant, in person.
*****
01. The applicant - Jamiat Ahlehadees Educational Society, has
taken out this Chamber Summons (for short the Ch/s.), for his addition
as the party defendant in suit. Perused the Ch/s., supporting affidavit of
his CA - Mr. Ibrahim Abdul Kader Mansuri and the defendants' say. The
plaintiffs did not file their say on this Ch/s.. Gone through the written
submissions of the applicant and the citation of his reliance.
02. Considering the record, the points for determination, along-
with my findings and the reasons therefor, are as under :
Sr. No. POINTS FINDINGS
(i). Whether presence the applicant Society
is necessary in order to enable the Court
effectually and completely to adjudicate
upon and settle all the questions
involved in the suit ?………………....….. …Yes.
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CNR NO : MHCC01-006998-2019. .2. CH/S No. 1252/2019 in
L.C. Suit No. 836/2018.
(ii). What Order ? ..............…....................... ….As per final Order.
-: REASONS FOR THE FINDINGS :-
AS TO POINT NO. 1 :
03. By filing this Ch/s., the applicant came with a specific case
that he is the owner of lands bearing CTS Nos. 559, 559/1 and 2 and a
tiled shed wooden structure at the ground floor, standing in the name of
Muslim Jamat Khana, at 448, New Mill Road, Kurla (West) in Mumbai.
Further, in view of the Circular dtd. 04.08.2013, as regards the unlawful
construction, he lodged the complaint, carried by the occupiers/tenants
over the Trust Property. It also covered the open space and the land of
the Trust Property. Consequently, on 23.06.2017, the defendants issued
the notice U/s.351 of the MMC Act to the said Muslim Jamat Khana and
passed the Order on 17.02.2018. However, the plaintiff deliberately and
intentionally misguided this Court and filed this suit. On this backdrop,
the applicant, being owner/landlord of the said Muslim Jamat Khana is
the necessary party to this suit. For this proposition, he relied upon the
citations of Adam A. Sorathia V. MCGM, 2002 (4) Bom CR 419, Milind
Dattatray Sugavkar V. MCGM, 2006 (2), Bom CR 617 and Aliji Momoji
V. Lalji Mavji, 1996 (5) Scale 485.
04. Considering the rival stands, it is worth to be noted that by
filing this suit, the plaintiff prayed for a declaration that the Order dtd.
17.02.2018 is bad in law, along-with the other reliefs. Since inception,
the plaintiff is presenting himself as the occupier of the suit premises on
tenancy basis. He also filed the rent receipts at Exhibit Nos.‘C’ and ‘D’ of
the plaint compilation. Bare perusal of these rent receipts reveals name
of this applicant as 'the landlord' of the suit property. On this backdrop,
it can safely be concluded that the applicant, being the owner/landlord
of the said property, is having his direct and substantial rights in the suit
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CNR NO : MHCC01-006998-2019. .3. CH/S No. 1252/2019 in
L.C. Suit No. 836/2018.
premises. As such, the passing of any Order, without affording him a fair
chance of hearing may affect his interests, specially when the suit notice
is issued U/s. 351 of the MMC Act. Rather, he is the proper party to this
suit. In support of my this finding, a helpful reliance may be placed on
the legal citations relied upon by the applicant. In the circumstances, to
decide the suit issues effectively and finally, I am of the opinion that his
presence in the suit is absolutely needed. Hence, I answered point No. 1
in the affirmative and to answer point No. 2, I pass the following Order:
-: O R D E R :-
(i). Chamber Summons No.1252/2019 is made absolute in
terms of prayer Clause (a) only. Accordingly, the plaintiffs
are called upon to carry out addition of the applicant as
defendant No. 3 in the cause title of plaint, positively till
the next date, and to file copy of amended plaint
simultaneously.
(ii). The plaintiffs are further called upon to ensure due service
of pleadings and documents of their reliance on newly
added defendant, till the next date.
(iii). Chamber Summons No. 1252/2019 is, accordingly,
disposed of.
{A.G. Santani}
Mumbai. Judge,
Dated : 25.10.2023. City Civil Court, Mumbai.
Dictated on : 25.10.2023.
Transcribed on : 30.10.2023.
Checked and Signed on : 31.10.2023.
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CNR NO : MHCC01-006998-2019. .4. CH/S No. 1252/2019 in
L.C. Suit No. 836/2018.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME
31.10.2023 at 10.52 a.m.
Name of the Stenographer
Mrs. S.R.Mejari
Name of the Judge (with Court Room No.11) HHJ Shri A.G.Santani
(Court Room No.11).
Date of Pronouncement of Judgment/Order 25.10.2023.
Judgment/Order signed by P.O. on 30.10.2023.
Judgment/Order uploaded on 31.10.2023.
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