Abdul Razak Haji Ismail v. Farid Husein Ahmed Solanki And ANR And Rizwan Abdul Kadar Qureshi (Applicant)

Nikita Gadgil 1 of 2 77-S-110-13

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 2 OF 2020 WITH INTERIM APPLICATION NO. 3 OF 2020 WITH INTERIM APPLICATION NO. 4 OF 2020 WITH INTERIM APPLICATION NO. 5 OF 2020 WITH INTERIM APPLICATION NO. 6 OF 2020 WITH INTERIM APPLICATION NO. 7 OF 2020 IN SUIT NO. 110 OF 2013 Abdul Razak Haji Ismail ...Plaintiff Vs Farid Husein Ahmed Solanki & Anr.

...Defendants ---- Mr. R. B. Singhvi, with Ms. Urvika Shah and Ms. Mallika Joshi i/b Lex Services, Advocates for Plaintiff.

Mr. S. A. Bhalwal with Mr. U. K. Baria i/b Vyas & Bhalwal, Advocates for Defendant No.1.

Mr. Sameer Khedekar, Advocate for Applicant in IA 2/20 to IA 6/20. Mr. Rajiv Narula with Mr. Aatir Saiyed i/b Jhangiani, Narula & Associates, Advocates for Applicant in IA 7/20. ---- CORAM : G.S. KULKARNI, J.

DATE : 27 FEBRUARY 2020 P. C.

1.

Interim Application No. 7 of 2020 is not on board. Taken on board.

2.

In all these interim applications the applicants are interveners in the suit who pray that they be joined as party defendants.

Nikita Gadgil 2 of 2 77-S-110-13 3.

Learned counsel for the plaintiffs would submit that in fact plaintiffs also intended to file appropriate application to implead its similarly situated tenants as parties to the suit. 4.

By that as it may, as these interveners are already before the court, without prejudice to the rights and contentions of the plaintiffs, it would be appropriate that they are implead as parties. 5.

Accordingly, the applications are allowed whereby the plaintiff shall implead the interveners as party defendants to the suit. Ordered accordingly.

6.

Necessary amendment be carried out within a period of two weeks from today.

7.

In addition to this, it is clarified that the plaintiff is at liberty to file such appropriate interim application to implead the other tenants as party defendants to the present suit.

8.

Interim Applications Nos. 2/20 to 7/20 are disposed of in above terms.

9.

Applicants in Interim Application Nos. 2/20 to 7/20 are permitted to file separate interim applications in regard to prayer (b) and (c) of the applications. All contentions of the parties in that respect are expressly kept open.

(G.S. KULKARNI, J)