Mr. Zuber Abdul Aziz Cheulkar And ANR v. Ayubali Ibrahim Khanbande And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.7772 OF 2023 IN WRIT PETITION NO.7909 OF 2023 Mr. Zuber Abdul Aziz Cheulkar & Anr.

.. Applicants

IN THE MATTER BETWEEN

Ayubali Ibrahim Khanbande & Anr.

...Petitioners

Vs.

The Municipal Commissioner, Thane Municipal Corporation & Ors.

.. Respondents ALONG WITH WRIT PETITION NO.7909 OF 2023 Ayubali Ibrahim Khanbande & Anr.

...Petitioners

Vs.

The Municipal Commissioner, Thane Municipal Corporation & Ors.

.. Respondents Mr. M.G. Ansari, for the Petitioner.

Mr.Vijay Nene i/b. Mr. Sandeep Mishra, for the Applicant/Intervener. Mr. Mandar Limaye, for Respondent Nos.1 & 2-Corporation. CORAM : SUNIL B. SHUKRE & RAJESH S. PATIL, JJ st JULY, 2023.

DATE : 31 by AARTI GAJANAN PALKAR Date:

2023.08.01 16:56:29 +0530 AARTI GAJANAN PALKAR Aarti Palkar 1/2 39.IA.7772.2023.doc

P.C. :

1.

Heard.

2.

The order which is sought to be executed through this petition is the one which has been passed after hearing not only the petitioner, but also the intervener, who is the owner of the property in question. That being so, we are of the view that the intervener would have to be allowed to participate in this petition as a party repondent. The application is, therefore, allowed. It is directed that the cause title shall be amended and the intervener shall be added as party respondent. Amendment be carried out within one week from the date of the order. Leave to file reply is granted to the respondents with liberty to the petitioners to file rejoinder, if any, before the next date. 3.

Stand over to 21 st August, 2023.

[ RAJESH S. PATIL, J. ] [ SUNIL B. SHUKRE, J. ] Aarti Palkar 2/2 39.IA.7772.2023.doc