SPACE DEVELOPER Vs. ABDUL RASHID ABDUL REHMAN YUSUF

JUDGEMENT

(1.) By this chamber summons, applicants seek their impleadment as party defendant in a suit.

(2.) Plaintiffs have filed a suit (396/06) in this Court inter alia praying for specific performance of agreement entered into between the plaintiffs and the defendants on 16th August 2005 in respect of the properties described in the plaint. It is the case of the applicants that in respect of part of the property which is subject matter of the suit i.e. C.T.S. No.354, 354/1 to 56, 355, 355/1 to 17 of village Kanjur, Taluka Kurla, Bhandup (W), Mumbai 400 078, applicants have acquired right, title and interest in respect of the said part of land admeasuring about 4934.10 sq. meters from Eric Nocholas D'mello and others by a registered development agreement dated 22 April 2008. Applicants came to be in possession of the said part of the property under the said development agreement dated 22 April 2008. It is the case of the applicants that part of the suit property was encroached upon by the slum dwellers. Applicants formed a scheme with the help of slumdwellers and has formed a society by name Shriram cooperative Housing Society (proposed) and got No Objection Certificate for redevelopment of the said property under DC Regulation 33(10) from the Slum Rehabilitation Authority. On 23rd December 2011, applicants received a letter from the Slum Rehabilitation Authority stating that in view of statusquo order passed by this Court in the suit, applicant cannot proceed with redevelopment of the said property till the said statusquo order was vacated. The applicants thereafter took inspection of the suit papers and revenue records and came to know that property purchased by the applicants is part of the suit property which is subject matter of this suit. Applicants therefore filed this chamber summons for their impleadment as party defendant in this suit.

(3.) Mr Behramkamdin, learned counsel appearing on behalf of the applicants submits that since the applicants are in possession of the property which is also the subject matter of the suit and the agreement entered into in favour of the applicants being registered, in view of the statusquo order passed by this Court in this suit in respect of the entire property, applicants are not able to develop the property acquired by the applicants. It is submitted that the interim orders obtained by the parties in notice of motion are obtained by collusion between them It is submitted that if any further orders are passed by this Court in this proceedings in respect of the suit property which includes the property acquired by the applicants, rights of the applicants would be seriously prejudiced. It is submitted that applicants are thus, necessary and proper party to this suit and their presence is required for effective adjudication of the dispute between the plaintiffs and the defendants. Learned counsel placed reliance on the Judgment of this Court in case of Shivshankareppa Mahadevappa Parakanhatti v. Shivappa Parappa Kupati & Ors., 1943 AIR(Bom) 27 and in particular portion of paragraph at page 29 which reads thus :