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Bombay High CourtCAW/946/2015allowed

Sakal Co-Op. Hsg. Society Ltd. v. Yusuf Jamir Kazi And ANR

2017-02-20Hon'Ble Shri Justice R.M. Savant.2 pages

(30) caw-946.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.946 OF 2015 IN WRIT PETITION NO.1713 OF 2015 Sakal Co-op. Hsg. Society Ltd.

: Applicant/Intervener In the matter of Yusuf Jamir Kazi Proprietor M/s. Sayeban Realtors & anr.

: Petitioners.

versus The State of Maharashtra and ors.

: Respondents.

Mr.Sumeet Bansod I/by L J Law for the Applicant. Mr. R D Soni i/by Dharam & Co. for the original Petitioners. Ms. Kashiki i/by Meghraj & Associates for the Respondent Nos.3(a) to 3(c).

Mrs. V S Nimbalkar, AGP for the Respondent No.1. CORAM :

R. M. SAVANT, J.

DATE :

20th February 2017 P.C.

The above Civil Application has been filed inter-alia for the relief that the above Petition be dismissed on account of suppression of material facts and non-joinder of necessary parties, and in the alternative the Applicant/Intervener be impleaded as party Respondent and the Petitioner be directed to serve the amended copy of the Writ Petition on the Applicant. However, the learned counsel appearing on behalf of the Applicant states that in the above Civil Application the Applicant/Intervener is only lgc

(30) caw-946.15 praying for its impleadment in the above Writ Petition as party Respondent. The above Civil Application is accordingly allowed. Resultantly, the Applicant/Intervener is allowed to be impleaded in the above Writ Petition as party Respondent. Amendment to be carried out within one week from date. The above Civil Application is accordingly disposed of. Though the relief of dismissal of the above Writ Petition is sought in the above Civil Application, it seems that, now the Applicant is supporting the Petitioners. The Applicant therefore to file its affidavit, in case it is supporting the Petitioner, along with a copy of the resolution of the Society. The Respondent No.3 Trust also to file its affidavit in the above Writ Petition explaining its stand. Hence for the present, the above Writ Petition is adjourned to 06/03/2017.

[R.M.SAVANT, J] lgc