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2012 Supreme(Bom) 1137

R.M.SAVANT
Suryakant Tanu Shetkar – Appellant
Versus
New Milind Co-operative Housing Sty, Ltd. – Respondent


Advocates appeared:
For the Petitioners:N.V. Walawalkar Senior Counsel with S.M. Sabrad, Advocate. For the Respondents:R1, Rajeev Matkar with Ms Kazi Sadiya, R2 & R3, A.G. Damle, Advocates.

Judgment :

1 Rule, with the consent of the parties made returnable forthwith and heard.

2 The above Petition takes exception to the order dated 16-6-2012, passed by the Learned Judge of City Civil and Session Court, Greater Bombay, by which order, the Chamber Summons being No.293 of 2012 filed by the Petitioners herein for impleadment came to be rejected.

3 The Petitioners are the members of the unregistered Bhadekaru Sangh in the name of “Bal-Govind Wadi Bhadekaru Sangh”. Since the said Bhadekaru Sangh was unregistered, that the Petitioners filed the Application in their individual capacity. The Petitioners are in occupation along with other members of the Bhadekaru Sangh, of the site in question for the last 40 years which is part of final plot No.162. The suit in question has been filed by the Respondent No.1 society inter alia for the reliefs which are appearing in the prayer clauses (a) to (e) in the plaint amongst which is the relief sought by way of prayer clause (b) with which the Petitioners are really concerned. The said prayer clause (b) reads as follows -

“(b) That this Hon'ble Court by its permanent prohibitory injunction be pleased to restrain the Defendants all and








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