PRADEEP MANDHANA Vs. PRAMOD JAIN

JUDGEMENT

(1.) Rule. By the consent of the parties, made returnable forthwith and heard.

(2.) The short question which arises for consideration in the above petition is as regards the entitlement of the Petitioner for being impleaded in S.C. Suit No.817 of 2011 filed by the Respondent nos. 1 and 2 herein. The order which is impugned in the Writ Petition filed under Article 227 of the Constitution of India is the one dated 12 th April, 2012, by which order, the learned Judge of the City Civil Court, Dindoshi, Mumbai rejected the Chamber Summons being Chamber Summons No.636 of 2011 filed by the Petitioner herein for his impleadment.

(3.) The suit in question being S.C. Suit No.817 of 2011 has been filed by Respondent nos. 1 and 2 herein principally for the relief, which is contained in prayer clause (b) of the Petition. The said prayer clause (b) is reproduced herein under for the sake of convenience. (B) that this Hon'ble Court be pleased to declare that the defendants more particularly defendants No.2 to 5 have no right, authority and or power to sale the property more particularly described in Exhibit "A" to the plaint by way of private sale and further it be declare that aforesaid property can not be sold by way of private auction and it is declared that the property more particularly described in Exhibit "A" to the plaint be sold by way of public auction and under the supervision of this Hon'ble Court."