The High Court dismissed an application seeking to implead an applicant as an intervenor in a writ petition challenging an eviction order, holding the applicant's intervention unnecessary to decide the legality of the order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO.2198 OF 2007
IN
WRIT PETITION NO.5286 OF 2007
Ajay Savla ..Petitioner.
V/s.
Union of India & Ors. ..Respondents.
AND
Shri Jamnadas Topandas Assomull ..Applicant.
Mr.V.J.Shah i/b. M/s.Fazalbhoy Motaram & Co. for
applicant.
Mr.K.R.Chaudhari i/b. Kiran J. Kundpile for respondent
Nos.1 to 3.
Mr.Naushad Engineer Rahul Dwarkadas i/b. M/s. Wadia
Ghandy & Co. for original petitioner.
CORAM : J.P.DEVADHAR, J.
DATED : 27TH NOVEMBER, 2007.
P.C. :-
1. By this application, the applicant seeks to be
impleaded as intervenor in Writ Petition No.5286 of 2007.
2. In this case, the Estate Officer had passed an
order evicting the petitioner from the suit premises
namely Wassiamull Estate, Blocks B to E, situate at 373,
Grant Road, Mumbai. Against the said order, the
petitioner had filed an appeal before the City Civil
- =: 2 := -
Court, Mumbai and by an order dated 11th April, 2007 the
learned Judge of the City Civil Court, Mumbai has
dismissed the appeal and upheld the order passed by the
Estate Officer. Challenging the aforesaid order, the
present Writ Petition is filed.
3. The applicant claims to be a co-owner of the
suit property. Neither before the Estate Officer nor
before the City Civil Court the applicant was a party.
According to the applicant, the petitioner is in
unauthorised occupation of the suit premises. Whatever
may be the title of the applicant in respect of the suit
premises, for deciding the question as to whether the
order passed by the Estate Officer and the learned Judge
of City Civil Court was in accordance with law or not, the
intervention of the applicant is not necessary or
relevant.
4. In this view of the matter, I do not find any
merit in the application. Hence application is dismissed
with no order as to costs.
(J.P. DEVADHAR, J.)
Ajay Savla
Union of India
Shri Jamnadas Topandas Assomull
J.P. Devadhar
As recorded by the court registry
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