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Bombay High CourtIA/3847/2022rejected

Khan Bahadur Haji Amir Saheb Rais Trust v. Siraj Ahmed Mushir Ahmed Khan

2023-01-09Hon'Ble Shri Justice Sunil B. Shukre,Hon'Ble Shri Justice M. W. Chandwani2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.3847 OF 2022 IN WRIT PETITION (STAMP) NO.22551 OF 2022 Khan Bahadur Haji Amir Saheb Rais Trust, Mumbai .. Applicant-Intervenor In the matter between Siraj Ahmed Mushir Ahmed Khan .. Petitioner Vs.

The Mumbai Municipal Corporation of Greater Mumbai and Anr.

.. Respondents Mr. E.A. Sasi for the Applicant-Intervenor.

Mr. Uday Warunjikar, i/by Mr. Imtiyaz Patel, with Mr. G.B. Naik, for the Petitioner.

Mrs. Pooja Yadav, i/by Mr. S.K. Sonawane, for the Respondents-MCGM. CORAM : SUNIL B. SHUKRE & M.W. CHANDWANI, J.J.

TH JANUARY, 2023.

DATE : 9 P.C. :

1.

Heard learned counsel for the parties.

2.

The petitioner is a tenant in possession of one shop owned by the applicant-Trust. The petition has been filed by the tenant to question the legality or otherwise of the show cause notice issued to him by the respondentMunicipal Corporation. By the said show cause notice, the respondentMunicipal Corporation has called upon the tenant i.e. the petitioner to remove 1/2 Digitally signed by SNEHA ABHAY DIXIT Date:

2023.01.12 11:40:00 +0530 Dixit SNEHA ABHAY DIXIT 39-IA-3847-2022.doc

the construction of shop in front of the existing commercial premises of the building in question, which the Municipal Corporation says to be unauthorized. 3.

Thus, the dispute is about construction of a shop, which, in the opinion of the Municipal Corporation, is unauthorized although the petitioner submits that it is not so and thus the dispute is basically between the petitioner and the Municipal Corporation. Notice has not been issued to the landlord, who is seeking to intervene in the matter. In such a dispute, we do not think that the landlord can be permitted to intervene in the matter, otherwise the dispute will expand to a dispute between the landlord and tenant. 4.

Interim Application is therefore rejected.

[ M.W. CHANDWANI, J. ] [ SUNIL B. SHUKRE, J. ] 2/2 39-IA-3847-2022.doc Dixit