PARVEZ RUSTOM NEKOO Vs. RUSTOM ARDESHIR NEKOO

JUDGEMENT

(1.) THE petitioner in the present civil application is seeking restoration of the Writ Petition No. 2581 of 1991 which was filed under Article 227 of the Constitution of India, by setting aside the order of abatement dated 21-12-2000, whereby writ petition was dismissed as abated for the reasons recorded therein. THE FACTS: the facts giving rise to the present civil application in nutshell are as under:

(2.) THE dispute relates to a shop premises located on the ground floor of house No. 259/260, M. G. Road, Pune. The original plaintiffs Mr. , Phiroz Dara Suratia and one Mrs. Dina Dara Suratia claiming to be landlords, filed a suit being Civil Suit No. 5998 of 1981 for recovery of possession and mesne profits against their tenants M/s. Mazda Electric Stores, of which Mr. Rustom Ardeshir Nekoo and Mr. Dara Phiroz Suratia were the partners. These persons were shown as defendant Nos. 1 to 3. The detailed reference to the status of other defendants viz. defendant Nos. 4-Abdul Kadar Mohammed Gaus Chaviwala and defendant No. 5 Fatimabai Hussainbhai Pakitwala is not necessary except that they were also arrayed as parties to the suit. The suit came to be tried by the 3rd Additional Small Causes Court, Pune, who was pleased to decree the suit and directed the defendant Nos. 1, 2 and 3, viz. M/s. Mazda Electric Stores, Mr. Rustom Ardeshir Nekoo and Mr. Dara Phirozshaw Surartia to deliver vacant possession of the suit premises. The suit claim for possession against defendant Nos. 5 and 6 came to be dismissed.

(3.) BEING aggrieved by the aforesaid judgment and decree, 2 appeals came to be filed; one by M/s. Mazda Electric Stores being Civil Appeal No. 666 of 1985, another by original defendant No. 3-Mr. Dara Suratia being Civil Appeal No. 702 of 1985. During the pendency of these two appeals in the District Court, Pune, one Mr. Parvez Nekoo, son of Rustom Nekoo (original defendant No. 2) sought to get himself impleaded as appellant, as a third party, in these two appeals numbered as Civil Appeal No. 666/85 and 702/85. His prayers in both appeals came to be rejected by the District Court, Pune.