1 mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.544 OF 2010 Homeland Realtors and Developers Pvt.Ltd. Petitioners versus Hasmukhbhai S. Sakaria and another Respondents WITH WRIT PETITION NO.545 OF 2010 Homeland Realtors and Developers Pvt.Ltd. Petitioners versus Girishchandra Revashankar Pandeya & others Respondents WITH WRIT PETITION NO.546 OF 2010 Homeland Realtors and Developers Pvt.Ltd. Petitioners versus Mahendra N. Maniar and another Respondents WITH WRIT PETITION NO.547 OF 2010 Homeland Realtors and Developers Pvt.Ltd. Petitioners versus Neeta Mukesh Joshi and others Respondents WITH WRIT PETITION NO.548 OF 2010 Homeland Realtors and Developers Pvt.Ltd. Petitioners versus Cajetan R. D'Souza and others Respondents WITH WRIT PETITION NO.549 OF 2010 2 Homeland Realtors and Developers Pvt.Ltd. Petitioners versus Bhavesh Dineshchandra Meghani and another Respondents Mr.Anil Singh i/by D.R.Shah for petitioners. Mr.Sunil Dubey for respondent no.1. CORAM : A.S.OKA, J. DATE : 15th February 2010 PC :- 1. Heard learned counsel appearing for the parties. Chamber Summons taken out by the petitioners before the Trial Court are on the basis of the contention of the petitioners that they are the owners of the land below the offending structures which are the subject matter of the suits. There is no finding recorded by the Trial Court while rejecting the Chamber Summons filed by the petitioners that the petitioners have failed to prove prima facie title to the land below the offending structures. If the petitioners prima facie prove the existence of ownership rights in respect of the land below the structures, the petitioner may be impleaded as a necessary and/or a proper party to the suits. As the impugned order is erroneous, the petitions need to be admitted for final hearing. The learned counsel for the original plaintiff (first respondent) states that instead of keeping the petitions pending in this Court, the Trial Court be directed to rehear the Chamber Summons taken out by the petitioners in accordance with 3 law. The said request is reasonable. 2. Hence, the writ petitions are disposed of by following order :- A) The impugned orders are quashed and set aside; B) The Chamber Summons taken out by the petitioners are restored to the file of the Trial Court; C) The Trial Court will decide the Chamber Summons afresh in the light of the observations made by this Court; D) The Chamber Summons shall be disposed of within a period of eight weeks from the date on which an authenticated copy of this order is produced before the Trial Court; E) All contentions of the parties on the merits are kept open; F) The petitions are partly allowed in above terms; G) Pending civil applications will not survive and the same are disposed of. (A.S.OKA, J.)