:1: :1: :1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7570 OF 2007 Upper Govind Nagar Welfare Association. .. Petitioners. Vs. Municipal Corporation of Greater Mumbai & Ors. .. Respondents. Mr.Manoj S.Mahambrey for the petitioners. None for the respondent. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 25TH FEBRUARY, 2008. DATED : 25TH FEBRUARY, 2008. DATED : 25TH FEBRUARY, 2008. P.C.: P.C.: P.C.: . Heard learned counsel for the petitioners. None for the respondents, though served. 2. Rule, returnable forthwith. 3. The petitioners in the present writ petition have impugned an order dated 13.9.2007 by which a Chamber Summons taken out by respondent nos.5 to 21 for their impleadment as party defendants has been allowed. Mr.Mahambrey, learned counsel for the petitioners submits that all these respondents claim the right through Akhil Bharatvarshiya Marvari Agarwal Jatiya Kosh (for short "the ABMAJK"), who are the developers of the building in their occupation. It appears that the ABMAJK had taken out Chamber Summons No.550 of 2006 in the instant suit and the said Chamber Summons was withdrawn by them as the plaintiffs issued NOC in their favour for obtaining :2: :2: :2: water connection and further development of the land for the benefit of respondent nos.5 to 21. Respondent nos.5 to 21 had taken out Chamber Summons for their impleadment as party in the instant suit in view of the order dated 23.7.2006 passed by the city civil court directing the officers of the defendant-Corporation to maintain status quo insofar as IOD/CC and water connection in respect of a building in possession of these respondents subject to written permission of the plaintiffs’ association until further orders. Thereafter the ABMAJK seem to have paid dues to the plaintiffs and in view thereof they issued NOC in their favour on 20th December, 2006. The settlement between the plaintiffs and the ABMAJK has also been recorded by the city civil court in the minutes of order dated 8th January, 2007. In view thereof Mr.Mahambrey, learned counsel for the petitioners submits that respondent nos.5 to 21 are not necessary party to the instant suit since their grievance no more exist in view of the payment made by ABMAJK on their behalf to the plaintiffs and that the plaintiffs have already issued NOC. The submissions made by learned counsel for the petitioner have not been controverted by the respondents. In the circumstances this petition is made absolute in terms of prayer clause (a). The writ petition is disposed of. :3: :3: :3: (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (D.B.BHOSALE, J.)