Mr. Ramdhari D. Mishra v. Saeed Shah Mohammed Khan @ Mohammed Saeed Khan And ORS.

1 9 WP 6596-16 .doc Sequeira

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE SIDE JURISDICTION WRIT PETITION NO. 6596 OF 2016 Mr.Ramdhari D. Mishra .. Petitioner Vs.

Saeed Shah Mohammed Khan @ Mohammed Saeed Khan & ors.

.. Respondents Mr.Indrajeet Yadav, for the Petitioner.

Mr.V.S.Kapse, for Respondent Nos.2 and 3.

CORAM : N.M.Jamdar, J.

Tuesday, 6 September 2016.

P.C. :

By this petition, the Petitioner challenges the order dated 2 September 2015 passed by the learned City Civil Court, Mumbai dated rejecting the Chamber Summons taken out by the PetitionerDefendant No.1 for transposition as a Plaintiff. 2.

Heard learned counsel for the parties. There is no error in the impugned order. The suit is filed under Section 6 of the Specific Relief Act, 1963. The summary remedy is provided upon certain conditions, which is meant to give urgent relief to those who were in possession and unlawfully dispossessed. It is not the case of the Petitioner, that Petitioner was in possession and unlawfully

2 9 WP 6596-16 .doc dispossessed by the Respondents. If the Petitioner has grievance of any civil nature, like any other litigant, the Petitioner could always file a regular civil suit if permitted in law. No case of interference is made out. Writ petition is accordingly rejected. (N.M.Jamdar, J.)