Writ petition challenging an eviction officer's order dismissing the petitioner's application to implead a housing society as a necessary party in eviction proceedings.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.337 OF 2019
Nitin Dinanath Shirkar .. Petitioner Versus Mumbai International Airport Pvt. Limited and Ors. .. Respondents
Mr. Dhrupad S. Patil for petitioner
Mr. Prasad Khakephalkar, Senior Advocate with Mr. Nikhil Apte I/b. Wadia Ghandy & Co. for respondent No.1 Mr. Tejas Shinde for respondent No.2.
CORAM : MRS. ANUJA PRABHUDESSAI, J. DATE : 1st February 2019.
P.C.
The petitioner herein has challenged the impugned order
dated 17th December 2019, whereby the Eviction Officer has dismissed the application filed by the petitioner to implead Tarun Bharat CHS as party to the eviction proceedings.
2] The dispute is in respect of a structure located in C.T.S.No.168, village Chakala, Andheri, Mumbai. The petitioner is sought to be evicted from the said premises/ structure which
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according to respondent No.1 is part of the acquired land being C.T.S.No.168, whereas the petitioner contends that this structure is on C.T.S.No. 241 and that he is lessee of Tarun Bharat CHS.
3] The dispute is only as regards the location of the structure/ premises. The presence of the Tarun Bharat CHS is not required to decide the issue. Hence, Tarun Bharat CHS is neither a proper party nor a necessary party, at least at this stage, to decide the controversy between the parties.
4] The petition has no merits and is accordingly dismissed.
(MRS. ANUJA PRABHUDESSAI, J.)
2 issues framed by the court
Whether the Civil Cooperative Housing Society is a necessary party to the eviction proceedings.
Whether the eviction officer correctly dismissed the application to implead the Society.
Nitin Dinanath Shirkar
Mumbai International Airport Pvt. Limited
Anuja Prabhudesai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
