FEDERATION OF NEHRU PLACE ASSOCIATION (REGD) Vs. SOUTH DELHI MUNICIPAL CORPORATION THR ITS COMMISSIONER AND ORS

JUDGEMENT

(1.) This is an appeal filed by the petitioner/appellant aggrieved by the order dated 12.09.2016 passed by a learned Single Judge of this Court. The appellant, federation of Nehru Place Association(Regd), is stated to be consisting of all trade associations of Nehru Place formed with an object to safeguard business interests of property owners, property occupiers (hereinafter referred to as 'the association'). The association along with 22 of its members had filed a writ petition seeking the following prayers:

(2.) We may note, at the outset, that during the pendency of the writ petition before the learned Single Judge, an application was filed being CM.APPL 25705/2016 by 31 persons claimed to be members of Footpath Association Welfare Society. The learned Single Judge noticed in para 6 of the judgment that the submissions made on behalf of the Footpath Association Welfare Society was a subject-matter of an independent writ petition being W.P.(C).7174/2016 titled Raj Kumar Singh and Others v. South Delhi Municipal Corporation and Others filed by the same 31 persons. The learned Single Judge extracted the relevant portion of the order, which we also deem appropriate, to extract which reads as under:

(3.) The learned Single Judge rightly observed that since the applicants in CM.APPL 25705/2016 (under Order 1, Rule 10 CPC) had already availed their substantive rights by filing the W.P.(C).7174/2016, which was disposed of on 12.08.2016, the Court was inclined to implead them. We have noted the above observations made by the learned Single Judge at the outset for the reasons that a similar application has been made before us as well being CM.APPL 7935/2018, and thus which is also dismissed only for the reasons as stated in para 6 of the judgment of the learned Single Judge, but also for the reason that the order of the learned Single Judge has attained finality as far as the application is concerned as the said applicants have chosen to assail the order by which their applications seeking impleadment stands dismissed. Accordingly, C.M.293/2017 is dismissed.