Shri. Nitin Dinanath Shirkar v. Mumbai International Airport Pvt. Ltd. And ORS

YBG 7-wp-337-19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.337 OF 2019 Nitin Dinanath Shirkar ..

Petitioner

Versus

Mumbai International Airport Pvt. Limited and Ors.

..

Respondents Mr. Dhrupad S. Patil for petitioner Mr. Prasad Khakephalkar, Senior Advocate with Mr. Nikhil Apte I/b. Wadia Ghandy & Co. for respondent No.1 Mr. Tejas Shinde for respondent No.2.

CORAM

:

MRS. ANUJA PRABHUDESSAI, J.

DATE :

1st February 2019.

P.C.

The petitioner herein has challenged the impugned order dated 17th December 2019, whereby the Eviction Officer has dismissed the application filed by the petitioner to implead Tarun Bharat CHS as party to the eviction proceedings. 2] The dispute is in respect of a structure located in C.T.S.No.168, village Chakala, Andheri, Mumbai. The petitioner is sought to be evicted from the said premises/ structure which

YBG 7-wp-337-19 according to respondent No.1 is part of the acquired land being C.T.S.No.168, whereas the petitioner contends that this structure is on C.T.S.No. 241 and that he is lessee of Tarun Bharat CHS. 3] The dispute is only as regards the location of the structure/ premises. The presence of the Tarun Bharat CHS is not required to decide the issue. Hence, Tarun Bharat CHS is neither a proper party nor a necessary party, at least at this stage, to decide the controversy between the parties.

4] The petition has no merits and is accordingly dismissed. (MRS. ANUJA PRABHUDESSAI, J.)