Advocates:
['MOKASHI RAJENDRA BHALCHANDRA', 'RAJESH SINGH', 'RAJESH SINGH', 'GIRI ASHOK KUMAR C']

(21 & 24)-WP-5041 & 5075-22.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

WRIT PETITION NO.5041 OF 2022

WITH

WRIT PETITION NO.5075 OF 2022

M/s. Dolphin Developer

..Petitioner

Versus

Mr. Tharakan David Joseph

Since deceased through legal heirs

Mr. Desmond Tharakan Joseph and Ors.

..Respondents

Mr. Rajendra B. Mokashi a/w Aditya R. Mokashi & D. S. Padwal, for

the Petitioner in both Petitions.

Mr. Rajesh Singh a/w Pradhuman Chavhan, for the Respondent

Nos.1a to 1c in both Petitions.

Mr. Ashok C. Giri, for the Respondent No.2 in both Petitions.

CORAM : NITIN W. SAMBRE, J.

DATE : 25^th APRIL, 2022

P.C.

1.

The issue involved in both these petitions is common viz.

as regards impleadment of a party to the suit in the capacity of

defendant and as such, both these petitions are heard and decided

together.

2.

In Writ Petition No.5075 of 2022 legality of the order

dated 2^nd March, 2022 passed in Chamber Summons No.1349 of

2021, is questioned whereby the Trial Court i.e. City Civil Court,

Dindoshi allowed the Chamber Summons in terms of prayer clause

(a) and (b). The prayer clause