Jai Maa Co-Operative Housing Society Limited v. Smt. Usha Kantilal Sharma

8-ia17044-22.doc vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION VASANT ANANDRAO IDHOL Date: 2022.08.04 10:59:15 +0530 VASANT ANANDRAO IDHOL INTERIM APPLICATION NO.17044 OF 2022 IN WRIT PETITION NO.8021 OF 2022 Jai Maa Co-operative Housing Society Ltd.

...Applicant

IN THE MATTER BETWEEN :

Smt.Usha K. Sharma ....Petitioner V/s.

Thane Municipal Corporation & Anr.

...Respondents

Mr.Deepak Chitnis i/b Chiparikar & Co. for the Applicant. Mr.Sandeep Mishra with Mr.Ganesh Jha for the Petitioner. Mr.N.R. Bubna with Ms.Pooja Singh for the T.M.C. - Respondent. CORAM : R.D. DHANUKA & KAMAL KHATA, JJ.

DATE : 2ND AUGUST, 2022.

P.C. :- 1.

The interim application is not on board. By consent of parties, the interim application is taken on board. 2.

By this interim application, the applicant society seeks impleadment as party respondent on the ground that the order that would be passed in favour of the petitioner, if any, would affect the members of the applicant society. Mr.Mishra, learned counsel for the 1/2

8-ia17044-22.doc petitioner vehemently opposed the interim application filed by the applicant society for impleadment. There is no merit in the objection raised by the learned counsel for the petitioner in opposing the interim application filed by the applicant relating to the subject matter in view of the fact that the order, if any, passed in favour of the petitioner would cause prejudice to the interest of members of the applicant society.

3.

The interim application is made absolute in terms of prayer clause (a). The applicant shall be added as respondent no.3 within one week from today. The papers and proceedings of the writ petition shall be served upon the learned counsel for the applicant within one week from the date of carrying out amendment. The newly added respondent would be at liberty to file affidavit in reply within one week from the date of carrying out amendment in the writ petition. 4.

Place the writ petition on board for admission on 25th August, 2022. Ad-interim relief granted by this Court to continue till 29th August, 2022.

(KAMAL KHATA, J.) (R.D. DHANUKA, J.) 2/2