Suleman Mohammed Hussain Wawda v. The Municipal Corporation Of Greater Mumbai Thr Its Ward Office And ORS

17. WP 16689-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 16689 OF 2024 Suleman Mohammed Hussain Wawda .Petitioner

Versus

The Municipal Corporation of Greater Mumbai .Respondents & ors.

Mr. Aseem Naphade i/b. Mr. Omar K. Shaikh, Advocates, for the Petitioner Mr. Santosh Pathak a/w. Mr. Kailash Pathare, Advocates, for Respondent Nos. 2 & 3 ______________________________________________________

CORAM

: S. M. MODAK, J.

DATE : 26.11.2024 P. C.

1.

Heard Mr. Naphade, learned Counsel for the Petitioner and Mr. Pathak, learned Counsel for Respondent Nos. 2 & 3. They have appeared as per the private notice. He undertakes to file Vakalatnama within a period of two weeks from today. 2.

The present Petitioner is the Plaintiff. He has challenged the notice issued under Section 351 of the Mumbai Municipal Corporation Act, 1888 in the Suit filed in the year 2018. He intends to withdraw the Suit and that is why he has moved an Application Anand

17. WP 16689-2024.doc on 21.10.2024 which is at page No. 54. It is at Exh. 66F of the trial Court's record. The trial Court has not decided that Application on 21.10.2024. The present Respondent Nos. 2 & 3, who claim to be tenants of the Petitioner have filed the Chamber Summons for intervention on 21.10.2024. It was adjourned for 'filing reply'. 3.

The only contention raised by Mr. Naphade, learned Counsel for the Petitioner is that the Original Plaintiff is dominus litis and he has right to withdraw the Suit. He placed reliance on the decision of the Supreme Court in the case of K. S. Bhoopathy & ors. vs. Kokila & ors., reported in (2000) 5 SCC 458, whereas the Respondents' contention is that if the Suit is withdrawn, status-quo Order existing will stand vacated and their possession will be disturbed. The Chamber Summons can be allowed or not is the question of merits to be decided by the trial Court.

4.

The trial Court is directed to hear the Withdrawal Application and the Chamber Summons together and to pass an appropriate Order on merits. With these observations, the Writ Petition is disposed of.

(S. M. MODAK, J.) Anand