Final Order 1

Order Details: Chamber summons
Pdf Text: 1 C/S. No.1006/18 (LCS No.1843/18)
MHCC010072622018
IN THE BOMBAY CITY CIVIL COURT AT GREATER MUMBAI
CHAMBER SUMMONS No.1006 OF 2018
IN
LONG CAUSE SUIT No.1843/2018
Mr. Abdul Rashid Khan … Plaintiff
- Versus -
The Commissioner & Anr. ... Defendants
IN
Mr. Abdhullah Kitabullah Khan ... Proposed defendant
No.3/Applicant
Appearance :-
Mr. Vikas Murudkar, Advocate for plaintiff.
Ms. Ekawade with Mrs. Mhatre, Advocates for defendants/M. C. G. M.
Mr. R. P. Khobragade, Advocate for proposed defendant No.3/applicant.
CORAM : S. H. SALUNKHE,
AD-HOC JUDGE CITY CIVIL COURT,
COURT ROOM NO.4.
DATED : 05/12/2023.
O R D E R
. The applicant has taken out this Chamber Summons under
Order-I Rule-10 of The Code of Civil Procedure (in short the C. P. C.) for
impleading him as a party defendant to the suit.
-- 1 of 4 --
2 C/S. No.1006/18 (LCS No.1843/18)
2] It is contended that the applicant is a partner duly
authorized. The applicant is owner of the land bearing survey No.67
(part), Tikka Nos.23 and 33 C. T. S. No.723, area 1,460 square yards i.e.
1,220.72 square meters of village Nahur. The applicant acquired said
land from the previous owner by virtue of Deed of Conveyance which is
registered at the Office of Sub-registrar, Mumbai at serial No.
PBBJ/2209/1995.
3] The plaintiff, who is a tenant of suit structure, has filed suit
challenging notice under Section 351 of The Mumbai Municipal
Corporation Act (in short the M. M. C. Act). The applicant is owner of
the land and structure which is targeted and, therefore, he is proper
party to the suit.
4] The plaintiff not opposed Chamber Summons and
submitted that it is necessary to make the applicant as a party to suit.
5] Defendant B.M.C. strongly opposed Chamber Summons
6] The applicant has filed this application under Order-I Rule-
10 of the C. P. C. for impleading him as a party defendant to suit. It is
stated that he being the owner is necessary and proper party. The
plaintiff has supported Chamber Summons. Learned advocate for the
plaintiff relied upon following judgments :-
a) Mulraj Khatau And Sons Ltd., Mumbai vs. Nagesh Samar Bahadur
Singh and another [2018 (3) Mh.L.J.54],
b) Chandrakant Dharma Bhonu vs. Pandurang Ramchandra
Dandekar and another [2004 (2) Mh.L.J. 782] and,
c) Milind Dattatreya Sugavkar vs. Municipal Corporation of Greater
Mumbai and another [2006 (1) Mh.L.J.385].
-- 2 of 4 --
3 C/S. No.1006/18 (LCS No.1843/18)
7] The present suit is filed to challenge notice under Section
351 of the M. M. C. Act. The plaintiff is a tenant of the suit structure.
The applicant claims to be the owner of suit structure. The Division of
the Hon'ble High Court in a recent judgment in Ashok Babulal Avasthi
V/s. Munna Nizamuddin Khan (Writ Petition No.6933 Of 2022) while
answering the reference whether in a suit by occupier/tenant for
protection of structure against action of demolition by Authority
whether owner/landlord is proper and necessary party held that, “In a
suit filed by occupier/tenant/licenceee restraining local authority from
taking action against the property the Court is empowered to permit
impleadment of the landlord/owner under Order-I Rule-10 (2) of the
C.P.C. on the premises that the landlord is a proper party. The plaintiff/
tenant has filed this suit to challenge notice under Section 351 of the
M.M.C. Act and applicant is claiming to be owners of notice structure.
Therefore, considering the facts of the case and in view of the judgment
of the Division Bench of the Hon'ble High Court in the case of Ashok
Babulal Avasthi Versus M. C. G.M (supra) the Chamber Summons
deserves to be allowed. Hence the order :-
O R D E R
1] Chamber Summons is hereby made absolute in terms of prayer
clause (a) and (b) .
2] The plaintiff to carry out necessary amendment and shall serve
copy of amended plaint to defendants till next date.
Date : 05/12/2023. ( S. H. SALUNKHE )
Ad-hoc Judge City Civil Court,
Court Room No.4, Gr. Mumbai.
-- 3 of 4 --
4 C/S. No.1006/18 (LCS No.1843/18)
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
26/12/2023 01:10 p.m. V. V. Kulkarni
NAME OF STENOGRAPHERUPLOAD DATE TIME
Name of the Judge (With Court
Room No.)
H. H. Judge Shri. S. H. Salunkhe,
Court Room No. 4.
Date of Pronouncement of ORDER 05/12/2023
ODER Typed on 22/12/2023
ORDER signed by P. O. on 26/12/2023
ORDER uploaded on 26/12/2023
-- 4 of 4 --