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2018 Supreme(Bom) 2198

SHALINI PHANSALKAR-JOSHI
Rajnish Kumar Jain – Appellant
Versus
Thane Municipal Corporation – Respondent


Advocates Appeared:
Mr. P.S. Dani, Senior Counsel, with Mr. Roshan Tanna, Mr. Rahul Sinha, Advocates i/by M/s. DSK Legal, for the Appellants; Mr. Akshay Kalodia, i/by M/s. J. Shekhar and Co, for the Respondent No. 1; Ms. Sheetal James, Advocate, for the Respondent No. 2 is present in person

JUDGMENT

Shalini Phansalkar Joshi, J. - Rule. Rule is made returnable forthwith. Heard finally, at the stage of admission itself, by consent of Mr. Dani, learned Senior Counsel for the Petitioners, Mr. Kalodia, learned counsel for Respondent No. 1, and Ms. James, Respondent No. 2, who is appearing in person.

2. By this Writ Petition, filed under Article 227 of the Constitution of India, the Petitioners are challenging the order dated 14th September 2017 passed by the 4th Joint Civil Judge, Senior Division, Thane, below "Exhibit-18" in Regular Civil Suit No. 172 of 2017.

3. The application at "Exhibit-18" was filed before the Trial Court by Respondent Nos. 2 and 3, under Order 1 Rule 10 of the Civil Procedure Code, 1908, seeking permission for their intervention and impleadment in the Suit. The Trial Court has, vide its impugned order, allowed the said application holding that presence of Respondent Nos. 2 and 3 is utmost essential for deciding the veracity of the suit notices, more particularly, when the Plaintiffs, i. e. the present Petitioners, are claiming themselves as ''owners'' of the suit land.

4. While challenging this order of the Trial Court, the submission of learned Seni

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