construction on Survey No. 72/3, City Survey No.342 of Village Nagaon, Bhiwandi, DIstrict-Thane which is the suit property. It is also observed in the said order that documents produced by the Municipal Corporation prima facie show that notwithstanding several notices issued by the Municipal Corporation and notwithstanding grant of interim relief by the Trial Court, the huge construction of ground plus five floors high handedly proceeded. It is observed that the said construction is completely illegal and some of the premises have been permitted to be occupied. The Respondent No.2 has submitted complaints to the Municipal Corporation regarding said unauthorized construction. Thus, it is clear that the presence of Respondent No.2 will help in disposal of R.C.S No. 335 of 2015. The learned Trial Court has observed that although Respondent No.2 is not necessary party but she is having knowledge with regard to the said unauthorized construction and therefore, her presence will help the Court for proper adjudication of the suit. It is further observed that if Respondent No.2 is added as party to the suit, no prejudice would be caused to the Plaintiffs as Plaintiffs will have an opportunity to cross- examine the Respondent No.2.
