Akhlaque Ahmed Mohd. Saeed Shaikh v. The Municipal Corportation Of Greater Mumbai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.3370 OF 2022 IN WRIT PETITION (L) NO.20087 OF 2022 Akhlaque Ahmed Mohd. Saeed Shaikh .. Intervener In the matter between Mohd. Yakoob Shaikh .. Petitioner v/s.

The Municipal Corporation of Greater Mumbai .. Respondent Mr. Pradeep Thorat a/w Mr. J.S. Yadav i/b. Mr. Bholaprasad Shukla for the petitioner.

Mr. Girish Godbole a/w Mr. Virendra T. Dubey-Intervener/applicant. Mr. Dharmesh Vyas a/w Ms. Madhuri More i/b. Mr. Sunil Sonawane for the respondent-MCGM.

CORAM : R.D. DHANUKA & KAMAL KHATA, JJ.

DATED : 7TH OCTOBER, 2022.

P.C. :

1. By this Interim Application, the applicant seeks impleadment in the writ petition. Mr. Thorat, learned counsel for the original petitioner disputes the claim of ownership propounded by the applicant. He, however, states that without prejudice to the rights Digitally signed by SANDHYA BHAGU WADHWA Date:

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and contentions of the petitioner that the applicant is not the owner of the property in question and has no right, title or interest of any nature whatsoever, the petitioner has no objection if the applicant is impleaded as a party respondent for this limited purpose. Statement is accepted.

2. Interim Application is made absolute in terms of prayer clause (a) subject to the issue raised by the petitioner. Leave to amend is granted. Amendment to be carried out forthwith. Re-verification is dispensed with.

3. It is made clear that we have not expressed any views on the issues raised by the applicant as well as by the petitioner about the alleged ownership rights of the applicant in the writ property or otherwise.

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