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2005 Supreme(Bom) 1081

A.S.AGUIAR, V.C.DAGA
CHITRALEKHA BUILDERS – Appellant
Versus
G. I. C. EMPLOYEES SONAL VIHAR CO-OPERATIVE HOUSING SOCIETY LTD. – Respondent


Judgment

V. C. DAGA, J.

( 2 ) HEARD finally by consent of parties at the stage of admission, dispensing with the record and proceedings since the parties agreed that all the relevant documents for deciding appeal are available on record.

( 3 ) THIS appeal is directed against the order dated 26th October, 2004 passed by learned single Judge to the extent it rejects Chamber Summons No. 1334/2004 in Suit No. 1335/1988.

( 4 ) THE chamber summons was moved by the appellants to become co- plaintiffs in the suit filed by respondent No. 1 and respondent No. 55 against respondent Nos. 2 to 54 (original defendant Nos. 1 to 53 ). According to the appellants, they were and are interested in the suit property. Without their presence all the questions involved in the suit cannot be effectually and completely decided. Outline Chronology :

( 5 ) THE outline chronology leading to the present appeal is as under :

( 6 ) THE property in question bears Survey No. 281, C. T. S. No. 727; admeasuring 5082 sq. yrds. or thereabout equivalent to 4249. 29 sq. mts. situated at village- Mulund, Taluka-Kurla, Mumbai- 400 080; more particularly described in exh. B forming part and parcel of the plaint ("the suit pro






















































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