1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3301 OF 2009 Herkishen Bulchand Vaswani ..Petitioner Vs. The Municipal Corporation of Greater Mumbai & Ors. ..Respondents Mr. G. S. Godbole i/b Mr. Ajay Mishra for the Petitioner Ms. Tasneem Zaidy i/b Zaidy & Co. for Resondent Nos.2 to 13 CORAM: A.S.OKA, J. DATED: 9th February, 2010 P.C. 1. Heard learned Counsel appearing for the Petitioner and the learned Counsel appearing for Respondent Nos.2 to 13 who are the real contesting parties. 2. By the impugned order dated 25th February 2009 passed by the trial Court in Chamber Summons No.239 of 2008, the Respondent Nos. 2 to 13 have been directed to be impleaded as party Defendants to the suit filed by the Petitioner. The main 2 grievance made by the learned Counsel appearing for the Petitioner is that except for observing in one line that the Applicants in Chamber Summons have legal interest in the subject matter of the suit, no reasons have been assigned by the learned Trial Judge. I have perused the impugned order. In the first four paragraphs, the Learned Judge has referred to the submissions of the Learned Counsel appearing for the parties. In the first portion of paragraph (5) the learned Judge has referred to the decisions relied upon by the Learned Counsel appearing for the Petitioner. In the last part of paragraphs 4 and 5, the learned Judge has merely observed that the Applicants in the Chamber Summons will have legal interest in the subject matter of the suit. 3. On the face of the impugned order, I find that the learned Trial Judge has not applied his mind to the considerations which are relevant for deciding the application under Rule 10(2) of Order I of the Civil Procedure Code, 1908. The learned Counsel appearing for the Petitioner states across the bar that the Notice 3 of Motion for temporary injunction taken out by the Petitioner has already been disposed of. 4. Instead of keeping the petition Pending in this Court, the Chamber Summons will have to sent back to the trial Court for re-hearing. 5. Hence I pass the following order: (i)the impugned order dated 25th February .2009 be quashed and set aside. (ii)The Chamber Summons No.239 of 2008 is restored. (iii) The Trial Court to decide the Chamber Summons afresh after hearing the parties. The chamber Summons shall be decided in accordance with law preferably within a period of 12 weeks from today. (iv) All contentions of the parties on the merits of the Chamber Summons are expressly kept open. (A.S.OKA, J)