1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5899 OF 2008 Shivpujan Pachu Kumbhar & Ors. ..Petitioners. V/s. The Municipal Corporation of Gr.Mumbai & Anr. ..Respondents. Mr.N.R.Walawalkar i/b. Mr.Sameer R. Bhalekar for Petitioners. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : AUGUST 13, 2008. DATE : AUGUST 13, 2008. DATE : AUGUST 13, 2008. P.C. : P.C. : P.C. : 1. Heard. 2. According to the Petitioners, only necessary party can be impleaded in the suit challenging notice issued by the Corporation in respect of unauthorised structure. This argument will have to be rejected. The Court below has rightly applied the settled principle to hold that as the Applicant before it had interest in the suit property was a proper party to be impleaded in the suit filed by the Petitioners challenging the show cause notice issued by the Corporation. In my opinion, no interference in exercise of writ jurisdiction is warranted with regard to the discretionary order. 2 3. The apprehension of the Petitioners that on account of impleadment of the applicant, scope of suit will get enlarged is misplaced. Inasmuch as the Suit will nevertheless proceed only on issues relevant to the impugned show cause notice and not to decide the question of relationship of Petitioners with the newly added Defendant. 4. Hence, this Petition is dismissed. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)