1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4438 OF 2009 Shri Chandrabhushan Jairam Singh & Anr. ..Petitioners. Versus The Municipal Corporation for Greater Mumbai and Anr. ..Respondents. ... Mr.S.K. Dubey, Advocate for the petitioners. Ms.Minakshi Surve, Advocate i/b. Mr.Suresh Muluk, Advocate for respondent No.2. ... CORAM : SMT.V.K.TAHILRAMANI,JJ DATED : 6TH MAY, 2009. P.C. :- 1. Heard learned Advocate for the petitioners and the learned Advocate for respondent No.2 Society. 2. The petitioners run a shop in the name and style as Ramkrishna Dughdhalaya, which is situated opposite Maheshwar Mandir near Omkar Society, Link Road, Ghatkopar, Mumbai – 400 084. The dispute is relating to construction of a toilet block which is infront of the shop of the petitioners. The said toilet block is being constructed by the Municipal Corporation. The case of the petitioners is that there is another toilet block which is at a distance of 3 ft. only and, therefore, there is no need to construct new toilet block. 2 3. The earlier toilet block was being used by the residents of Omkar Society and the persons occupying the commercial premises in the society. The chawls of Omkar Society are adjacent to the old toilet block. They have been using the said toilet. Relating to the said dispute between the petitioners and the M.C.G.M. L.C. Suit No.592 of 2009 was pending before the Bombay City Civil Court. In the said Suit, Chamber Summons came to be preferred by the Society for impleading them as defendant in the Suit. The learned Judge by order dated 31.3.2009 allowed the said Chamber Summons and directed that the Society be impleaded as defendant No.2 in the Suit as well as in the Notice of Motion. The said order has been challenged in this Writ Petition. 4. The case of the Society is that most of them do not have any toilet blocks and they have been using the said toilet block. There are a large number of residential and commercial premises in the society and most of them do not have any toilet blocks, due to which they have been using the public toilets. The toilet blocks are situated almost adjacent to the society. In such case, it can be said that the society has a right and interest in respect of the suit property relating to which dispute is pending before the Court. In such case, the order of the learned Judge dated 31.3.2009 allowing the Society to be added as defendant No.2 cannot be faulted. The order dated 31.3.2009 does not call for any interference. Writ Petition is rejected. 3 [SMT.V.K.TAHILRAMANI,J.]