Radhakrishna Co-Operative Housing Society Ltd And ANR. v. State Of Maharashtra And 4 ORS.

34CHSW 20 OF 2015.doc vks

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.20 OF 2015 IN WRIT PETITION NO.1355 OF 2014.

Benkuverbai & Jekuverbai Harjivandas Dharsi Kapol Niwas Trust .. Applicant, In the matter between Radhakrishna Co-op Housing Soc. Ltd and anr .... Petitioner V/s.

State of Maharashtra and ors .... Respondents Mr. Raju Z. Moray, I/by Mr. Sagar A. Rane, for the Applicant in Chamber Summons.

Ms. Reena Salunkhe, for the petitioner.

Mr. P.G. Lad, for respondent Nos 2 to 4.

CORAM : S.C. DHARMADHIKARI & DR. SHALINI PHANSALKAR-JOSHI, JJ.

DATE : 2 nd MAY, 2016.

P.C. :

1.

Heard both sides and finding that the presence of the applicant will assist the Court to effectively and completely resolve the controversy, so also to avoid multiple litigation on the same cause of action, we grant the Chamber Summons. It is made absolute in terms of prayer clauses (a). However, it will be without prejudice to the rights and 1/2

34CHSW 20 OF 2015.doc contentions of the petitioner and particularly the claim with regard to the right, title and interest in the immovable property. All contentions in that regard are kept open.

2.

The amendment to be carried out within a period of two weeks from the date of receipt of copy of this order. [DR. SHALINI PHANSALKAR-JOSHI, J.] [S.C. DHARMADHIKARI, J.] 2/2