: 1 : 4957-11-wp=.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4957 OF 2011 Arif Usman Mithaiwala & Anr. .. Petitioners v/s. Suhail Khandwani & Ors. .. Respondents ........ Mr. S.M. Gorwadkar i/b Rohit Pawaskar for the petitioners Mr. R.V. Govilkar with Vinit Avinash Kulkarni for respondent nos.1 to 3. ......... CORAM : R.Y.GANOO, J DATE : 14th OCTOBER,2011. P.C. : 1. The Chamber Summons No. 266 of 2010 filed by the petitioner in S.C. Suit No.3942 of 2007 for joining Mumbai Municipal Corporation as a party defendant has been rejected by the learned Judge of the City Civil Court by order dated 28th March, 2011. 2. Learned advocate Mr. Gorwardkar submitted that it has been the contention of the petitioner that the suit road is a public road and : 2 : 4957-11-wp=.sxw respondents are trying to close the said public road. From the record, it appears that the petitioners are interested in getting Mumbai Municipal Corporation on record so that appropriate material can come before the Court through Corporation in support of the petitioners’ contention that the suit road is a public road. Having considered the impugned order, I am inclined to observe that no interference is required in the impugned order. Surely, if it is the case of the petitioners that the suit road is a public road, it will be open for the petitioners to examine appropriate officer of the Corporation to produce appropriate record. In my view, Corporation is not a necessary party. It is seen that while disposing of the Chamber Summons, the learned Judge has made some observations thereby trying to reject the case of the petitioners. It is clarified that the said observations will not come in the way of petitioners in prosecuting the suit as said observations will have to be treated as passing observations. Hence, no interference is required in the impugned order. Petition is dismissed at the stage of admission with aforesaid observation. There shall be no order as to costs. (R.Y.GANOO, J.)