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2024 Supreme(Online)(Bom) 169

HIGH COURT OF BOMBAY
MILIND N. JADHAV, J
SUNNI MUSLIM CHOTA QABRASTAN – Appellant
Versus
ANISUDDIN MOHAMMAD JAMIL AND ANR – Respondent


Advocates:
Dr. Abhinav Chandrachud a/w Ms. Unnati i/by Mr. Asif Shaikh for Petitioner; Mr. Ashok R. Pande a/w Shobhit Shukla for Respondent No.1; Dr. Dharmesh Vyas a/w Mr. Santosh Parad & Mr. Pradeep M. Patil for Respondent No. 2 – BMC

JUDGEMENT

1. This Writ Petition takes exception to the judgment and order dated 12.04.2022 passed in Chamber Summons No. 1980 of 2019 by the Bombay City Civil Court, inter alia, rejecting the Application for impleadment of the Petitioner in Long Cause Suit No. 1923 of 2019. Petitioner - Waqf is the owner and landlord of the Suit property described as Shop No. 1 and 1A situated on the ground floor at the corner of Chhota Sonapur, 250, Maulana Shaukatali Road, Mumbai-

400 008. According to Petitioner, Respondent no. 1 is its tenant. Respondent No. 1 carried out illegal additions and alterations in the Suit Shop. On complaint filed by Petitioner, Corporation issued statutory Notice under Section 351 Mumbai Municipal Corporation 1 of 14 2024:BHC-AS:24347 Act, 1888 (for short “MMC Act”) to Respondent No. 1. This notice is challenged by Respondent No. 1 in the City Civil Court.

2. Dr. Chandrachud, learned Advocate for Petitioner would contend that the impugned order dated 12.04.2022 rejects the impleadment Application of Petitioner landlord to the Suit on the premise that Plaintiff being dominus litis cannot be forced to add any person as a party to his Suit, inter alia, if no relief is pra

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