Mr. Tariq Amirali Merchant v. The Municipal Corporation Of Greater Mumbai And ANR.

(13) caf-3225.15.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3225 OF 2015 IN FIRST APPEAL NO.2504 OF 2011 Tariq Amirali Merchant : Applicant.

In the matter between Ishwar V Khilani : Appellant.

Versus

The Municipal Corporation of Greater Mumbai and ors.

: Respondents.

Mr. Prashant P Kulkarni for the Applicant.

Ms. P Shelke i/by Mr. P J Thorat for the Appellant. Mrs. M R Bhoir for the Respondent No.1.

CORAM :

R. M. SAVANT, J.

DATE :

27th June 2016 P.C.

The above Civil Application has been filed by the Applicant seeking his impleadment in the above First Appeal and also seeking return of the documents which are part of the record and proceedings in the above First Appeal.

In so far as the first prayer is concerned, the Applicant claims to have acquired the suit properties i.e. the four flats in the building in question in the year 2013 by registered sale deeds. The said registered sale deeds have been annexed to the above Civil Application as Exhibits A to D. lgc

(13) caf-3225.15.sxw The learned counsel appearing on behalf of the original Appellant Ms. Shelke does not dispute the said fact, however, it is her contention that the second relief sought cannot be granted.

In my view, since the Applicant has acquired rights in respect of the said four flats, it would be just and proper to allow the above Civil Application restricted to the impleadment of the Applicant in the above First Appeal.

In so far as the second prayer i.e. the return of the documents is concerned, the Applicant would be at liberty to file appropriate application in that regard.

The above Civil Application is accordingly disposed of. [R.M.SAVANT, J] lgc