New Arunoday Co-Op. Housing Society Ltd. v. Salim Gaffar Ali Shaikh And ORS

13-ASWP-13181-202++.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 13181 OF 2023 WITH INTERIM APPLICATION NO. 13268 OF 2025 IN WRIT PETITION NO. 13181 OF 2023 WITH INTERIM APPLICATION NO. 9615 OF 2025 IN WRIT PETITION NO. 13181 OF 2023 Salim Gaffar Shaikh & Anr

...Petitioners

Versus

State of Maharashtra & Ors

...Respondents

Mr Salim Gaffar Shaikh, Petitioner appeared in person. Mr Gobinda Mohanty, for the Applicant/Intervenor in IA/9615/25. Mr AR Gole, for the Applicant/Intervenor in IA/13268/2025. Mr PG Sawant, AGP, for the Respondent-State.

SHEPHALI SANJAY MORMARE by SHEPHALI SANJAY MORMARE Date: 2025.11.27 10:35:54 +0530

CORAM:

SUMAN SHYAM & M. M. SATHAYE, JJ.

DATED:

26TH NOVEMBER 2025.

PC:- 1.

Heard Mr Mohanty, learned counsel appearing for the Applicant/Intervenor in Interim Application No. 9615 of 2025, Mr AR Gole, learned counsel appearing for the Applicant/Intervenor in Interim Application No. 13268 of 2025, Mr Salim Gaffar Shaikh, the Petitioner appearing in person and Mr PG Sawant, learned AGP appearing for the Respondent-State.

26th November 2025

13-ASWP-13181-202++.DOC 2.

The Interim Application No. 13268 of 2025 has been filed by six Applicants who are members of the cooperative housing society inter alia contending that in the Writ Petition the Petitioner is seeking measurement of a plot of land whereupon the buildings constructed by the Applicants are standing as on date. Therefore, they are interested parties in the Writ Petition and, hence, ought to be impleaded.

3.

The Writ Petitioner has not filed any Reply. After going through the statements made in the Application, which remain uncontroverted and upon hearing the submissions made at the Bar, we are inclined to allow the prayer. As such, the Applicants Nos. 1 to 6 herein are directed to be impleaded as Respondents Nos. 7 to 12 in the connected Writ Petition.

4.

Similarly, the Interim Application No. 9615 of 2025, which is for impleadment of the Applicant as Respondent in the connected Writ Petition is also allowed.

5.

The Applicant therein is directed to be impleaded as Respondent No. 13 in the connected Writ Petition. 6.

The cause title of the Writ Petition be amended and the thereafter, copies of the amended Writ Petition be served upon the newly impleaded Respondents, so as to enable them to file Reply. 7.

Both Interim Applications are disposed of.

(M. M. SATHAYE, J.) (SUMAN SHYAM, J.) 26th November 2025