Hemant Chhatrabhuj Shah v. M/S. Rajmudra Real Estate Pvt. Ltd. Thr. Its Director And Others

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.8819 OF 2014 IN WRIT PETITION NO.4686 OF 2014 HEMANT CHHATRABHUJ SHAH VS M/S RAJMUDRA REAL ESTATE PVT LTD. AND OTHERS ...

MR.Dhnanjay B.Thoke, Adv. For applicant/Intervenor;

Mr.PR Katneshwarkar, Adv. h/for Mr. SS Bora, Advocate for Resp.No.1 (Orig.Petitioner);

Mr.SW Mundhe, AGP for Resp.No.2 -State;

Mr. PR Patil, Adv. h/for Mr. Shrikant S.Patil, Adv. For Resp.Nos. 3 & 4.

----- CORAM : P.R.BORA, J.

DATE :

th July, 2016.

PER COURT :

1) Heard. Shri Thoke, learned Counsel appearing for applicant/intervenor submitted that the applicant is having interest in the title of the subject property and as such, he is necessary party to the present proceedings. The learned counsel, therefore, prayed for allowing the applicant to intervene in the present petition. 2) The application is strongly resisted on behalf of the petitioner. The learned counsel

for the petitioner submits that the title of the present petitioner to the subject property has been confirmed up to the Hon'ble Apex court. He, therefore, prayed for rejection of the application.

3) After having heard the submissions advanced on behalf of learned Counsel appearing for the respective parties, it does not appear to me that the applicant has made out any case for allowing his request. If it is the contention of the applicant that he has some interest in the title of the subject properties, the applicant is at liberty to avail the appropriate remedies, however, in the present petition, subject matter of which is altogether different, the application filed by the applicant does not deserve any consideration and is liable to be rejected. It is accordingly rejected.

sd/- (P.R.BORA) JUDGE bdv/