JUDGMENT - CHANDRACHUD D.Y. (Dr.), J.: - Rule, returnable forthwith. Respondents waive service. By consent, taken up for hearing and final disposal.

2. In this petition under Article 227 an order passed by the City Civil Court on 19th September, 2003 rejecting a Chamber Summons filed by the petitioner under Order 1, Rule 10 of the Code of Civil Procedure, 1908 for being impleaded as a defendant to the suit instituted by the first respondent against second respondent, has been challenged.

3. The petitioner and the first respondent are owners of adjoining structures situated at Goma Galli, Versova Village, Andheri (West), Mumbai 400 061. The structure belonging to the petitioner consists of a ground floor built in brick masonry walls. According to the petitioner, there was a parcel of open land between the structure of the first respondent and that of the petitioner. In the first week of November, 2001, it was alleged that the first respondent started digging up the land underneath his structure, with the object of constructing a permanent structure in place of the existing structure which consisted of iron sheets. The petitioner lodged a complaint on 6th November, 2001 by his Advocat

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