Final Order 1

Order Details: Chamber summons
Pdf Text: Ch/s No. 1885/19 in Suit No. 660/19. 1 Order.
MHCC010107892019
Presented on : 19-10-2019
Registered on : 19-10-2019
Decided on : 12-03-2020
Duration : 0 years, 4 months, 24 days
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
CHAMBER SUMMONS NO. 1885 OF 2019
IN
LONG CAUSE SUIT NO. 660 OF 2019
Mansoor Ali (Salim) Maqsood Ali ...Plaintiff
Versus
The Municipal Corporation of Greater Mumbai
and another ...Defendants
AND
A.H. Wadia Trust and others ...Applicants
CORAM : SHRI G.G.BHANSALI.
(C.R.NO.11).
DATE : 12th MARCH, 2020.
Mr. Pratap Singh, Advocate for Plaintiff.
Mrs. Tondwalkar, Advocate for Defendants / MCGM.
Mr. Manish Trivedi, Advocate for Applicants.
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Ch/s No. 1885/19 in Suit No. 660/19. 2 Order.
ORDER
This is a chamber summons submitted by applicant
A.H.Wadia Trust to implead the trust as party defendant.
2. Heard ld. Advocate Manish Trivedi for applicants at
sufficient length.
3. Perused reply submitted by plaintiff. Ld. Advocate Pratap
Singh for plaintiff submits that it is a dispute between plaintiff and
MCGM wherein plaintiff has challenged the notice issued by the MCGM
dated 01/11/2018. Plaintiff is a dominus litus and he cannot compel to
litigate against unwanted defendant. Plaintiff relied over ratio laid
down in Mohamed Hussain Gulam Ali Shariffi V/s. Municipal
Corporation Of Greater Bombay And Ors. [LEX(SC) 2016 12 62].
4. Ld. Advocate Manish Trivedi relied over Ranjitsingh Linga
and another V/s. Municipal Corporation Of Greater Mumbai and
another [2010(2) Mh.L.J. 703], Aliji Momonji & Co. V/s. Lalji Mavji
And Others [(1996) 5 Supreme Court Cases 379], Mahesh D.
Jobanputra and others V/s. Municipal Corporation Of Gr. Mumbai and
others [2019(2) Mh.L.J. 458].
5. On perusal of plaint, prima facie it appear that impugned
notice issued by the MCGM came to be challenged by the plaintiff. This
Court has proceeded for the detail order in Notice of Motion
No.189/2019 dated 20/12/2019. In a routine course, stranger to suit
premises is not allowed to litigate when there is a simple question of
legality of notice.
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Ch/s No. 1885/19 in Suit No. 660/19. 3 Order.
6. In present suit, in para no.1 and 5 of the plaint, it is
specifically admitted by the plaintiff that M/s. A.H.Wadia Trust is
original owner. Admittedly, in the jurisprudence of possession, various
rights are vested with possessor, however it does not include ownership.
Considering said aspect of jurisprudence, presence of applicant is
necessary to remain present before the Court for an appropriate
adjudication.
7. The scope of suit or fact in issue is legality of notice issued
by MCGM, as challenged by plaintiff, no prejudice would cause to the
plaintiff by presence of applicant. Ultimate object is to avoid
multiplicity of the litigation. Hence, chamber summons is deserves to
be allowed. Hence the order :
- ORDER -
1. Chamber Summons No. 1885/2019 is allowed.
2. Applicant A.H.Wadia Trust be join as defendant no.3.
3. Plaintiff to carry out the amendment within two weeks
from uploading the order.
4. Applicant/defendant no.3 A.H.Wadia Trust is allowed to
submit written statement.
(G.G.BHANSALI)
Judge,
City Civil & Sessions Court,
Date : 12/03/2020. Mumbai.
1. Dictated on : 12/03/2020.
2. Transcribed on : 14/03/2020.
3. Signed on : 16/03/2020.
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Ch/s No. 1885/19 in Suit No. 660/19. 4 Order.
4. Delivered to Certified :
Copy Section on
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
16/03/2020. 1.55 p.m. Miss M.A.Kulkarni
Name of the Judge (with Court Room no.) HHJ Shri G.G.Bhansali.
(Court Room No.11).
Date of Pronouncement of Judgment/Order 12/03/2020.
Judgment/Order signed by P.O. on 16/03/2020.
Judgment/Order uploaded on 16/03/2020.
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