Samir M Satghare v. Purshottam Malharrao Satghare And 18 ORS And Dwarkanath Gopal Thite And 3 ORS

927-CHS1085-17.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 1085 OF 2017 IN SUIT NO. 2798 OF 1989 Samir M Satghare ...Plaintiff

Versus

Purshottam Malharrao Satghate & Ors ...Defendants And Dwarkanath Gopal Thite & Ors ...Applicants Mr SD Karwande, for the Plaintiff.

Mr HT Pawar, for the Applicants.

Mr Ganesh A, i/b M/s.

Thokore Jariwala & Associates, for Defendants Nos. 11 to 13.

CORAM: G.S. PATEL, J DATED:

1st March 2018 PC:- 1.

The Chamber Summons is misconceived. The Applicants are tenants. The Court Receiver has been appointed of the property which contains tenanted premises. This does not mean that the tenants are either necessary or property parties to this partition suit. Prayer (a) for impleadment is misconceived and must be rejected. 1st March 2018

927-CHS1085-17.DOC 2.

Prayer (b) asks for directions to the Court Receiver to accept rent from the Applicants, to furnish information and documents, to allow the Applicants to carry out what might well be some form of alterations to the premises (whether temporary or permanent I do not know), and to take actions against the officers of the MCGM and others for some illegal construction of four rooms. 3.

The Chamber Summons is a triumph of ambition over possibility. These reliefs cannot possibly be granted in this fashion. This is a civil proceeding not a writ petition. In any case, there is a overriding jurisdictional bar. The tenants, if they are indeed tenants, must adopt appropriate proceedings in a court of competent jurisdiction and in which proceedings they may join the Court Receiver and seek suitable reliefs.

4.

The Chamber Summons is dismissed. No costs. However, all contentions regarding prayer clause (b) are kept open for being taken in a properly brought proceeding before a competent court vested with the necessary jurisdiction. I make it clear that I have not addressed the merits of the claim under prayer clause (b). (G. S. PATEL, J) 1st March 2018