1. Heard learned counsel for the petitioners and learned counsel for respondent No.1.

2. Rule.

3. Rule is made returnable forthwith with the consent of learned counsel for both the parties and the petition is taken up for hearing.

4. By this petition filed under Article 227 of the Constitution of India, the petitioner is challenging the order dated 26.07.2017, passed by Ad-hoc Judge, City Civil Court, Bombay, thereby rejecting the Chamber Summons No.52 of 2016 in L.C. Suit No.1635 of 2014.

5. The said Chamber Summons was taken out by the present petitioner for impleading it as necessary party to the suit under Order I, Rule 10 of Code of Civil Procedure, on the grounds that the petitioner is the owner of the suit property, of which plaintiff-respondent No.1,is a tenant. The respondent No.1 has filed the instant suit challenging the Notice dated 22.04.2014, issued by the defendant Municipal Corporation, under Section 354A of the Mumbai Municipal Corporation Act, 1888, for carrying out unauthorized construction. As the property belongs to the petitioner and the petitioner being the owner thereof, it is submitted that petitioner is necessary to be impleaded in the suit. Whatever