VINCENT COURT PRIVATE LIMITED Vs. MANIBEN MAGAN SUPAT

JUDGEMENT

(1.) This Civil Revision Application is filed challenging the order dtd. 18/8/2022 passed by the Adhoc Judge, City Civil Court, Greater Bombay passed in Chamber Summons No. 524/2015 in L.C. Suit No. 3675/2013. The Applicant herein is not a party to the suit. The suit was filed by the Respondent No. 1, as the Plaintiff, against the Respondent No. 2 herein i.e. the Municipal Corporation of Greater Mumbai.

(2.) The case of the Applicant is that it had acquired the leasehold right in the suit property by the deed dtd. 16/10/1950. The original Plaintiff's husband was given some portion below the stair-case by the Applicant company. It is the case of the Applicant that the Plaintiff's husband passed away. Thereafter the Applicant permitted his son to work in his place and for sometime he was allowed to stay in that quarter. However, the Applicant terminated the services of the Plaintiff's son on 29/10/2012 and directed his family to vacate the service quarters. They did not vacate the quarters and were unauthorizedly using it. The Applicant has filed Eviction Suit No. 1582/2013 which is still pending.

(3.) The Respondent No. 2 i.e. the Municipal Corporation of Greater Mumbai issued notice under Sec. 351 of the Mumbai Municipal Corporation Act against the Respondent No. 1(the Plaintiff) for removing the unauthorized construction. The Respondent No. 1 herein (the Plaintiff) filed L.C. Suit No. 3675/2013 challenging that notice. In that suit, the Applicant made an application for impleadment as one of the defendants by filing Chamber Summons No. 524/2015 in the suit. That Chamber Summons was rejected.