1 WP 4091/2011 abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4091 OF 2011 M/s Nectar Prints Pvt. Ltd. .. Petitioner V/s Mumbai Municipal Corporation of Greater Mumbai & Anr. .. Respondents Mr. Suresh Rajeshwar for the petitioner. CORAM : D.G. KARNIK, J. DATE : 30TH JUNE 2011 P.C. : 1. Heard learned counsel for the petitioner. 2. By this petition, the petitioner challenges the order dated 25th February 2011 passed by the Judge, City Civil Court, Greater Mumbai, allowing the application of the respondent no.2 made under Order 1 Rule 10 of the Code of Civil Procedure for joining him as a party to the suit. 3. An association of the apartment owners has been formed in respect of land and property bearing CTS Nos. 407, 407/1 to 4, 562 and 562/1 to 11 of village Kanjur in which industrial galas have been constructed. The petitioner as well as respondent no. 2 WP 4091/2011 2 hold industrial apartments in the said Association. It appears that on a complaint made by the respondent no.2, the respondent no.1 Municipal Corporation issued a notice under section 351 of the Mumbai Municipal Corporation Act regarding unauthorised construction alleged to have been made by the petitioner. After considering the cause shown by the petitioner, the Assistant Commissioner of Municipal Corporation, exercising delegated powers of the Commissioner, passed an order of demolition of the unauthorised structure. The petitioner thereafter filed a suit challenging the notice as well as the order of the respondent Municipal Corporation. In the suit, the respondent no.2 appeared by filing an application to implead him as a party. By the impugned order, the application has been allowed. 4. Since the property is submitted to the provisions of the Apartment Ownership Act, the respondent no.2 is a co-owner of the land and is also an owner of the apartment sold to him. Being a co-owner and the complainant about the unauthorised construction, the respondent no.2 has an interest in the property as well as the litigation. 5. In Ranjitsingh Linga vs. Municipal Corporation of Greater 3 WP 4091/2011 Mumbai, 2010(2) Mh. L.J. 703, this Court has taken a view that an owner of the land has a right to be joined as a party in a suit filed by an occupier challenging the order of unauthorised demolition. No other decision taking contrary view has been pointed out. In view of the aforesaid decision, no interference is called for in the impugned order. Writ petition is rejected summarily. (D.G. KARNIK, J.)