1 ao1253.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 1253 OF 2010 WITH CIVIL APPLICATION NO. 1548 OF 2010. Vibgyor High School & Ors. ... Appellants. Vs. Municipal Corporation of Gr. Mumbai & Anr. ... Respondents ...... Mr. K.K. Singhvi, Sr. Counsel a/w Prateek Saxena, I. J. Nankani and H.S. Khokawala i/by Nankani & Associates for the Appellants. Mr. J. Xavier for the Respondent-MCGM. ...... CORAM : J.H. BHATIA, J. DATE : 25TH OCTOBER, 2010. P. C. 1. Heard the learned Sr. Counsel for the appellants original plaintiffs and Mr. Xavier, the learned Counsel for the respondent Municipal Corporation. The appellants has preferred this appeal against the rejection of ad interim relief pending the notice of motion by the trial Court. It appears that MHADA had handed over physical possession of land bearing survey No. 16(pt) City survey Nos. 223 and 224 situated in Motilal Nagar Goregaon (West) admeasuring 6032.86 sq. meters along with the area 2 ao1253.10.sxw under road widening and encroachment of the fish market in the set back area to Madhya Pradesh Mitra Charitable Trust through its trustee Shri Rustom P. Kerawalla and Shri M.P. Sharma on 12-12-2007. It appears that M.P. Mitra Charitable Trust is a lessee of MHADA in respect of that property. The appellants claims to be the sub-lessee of the said property on the basis of the letter dated 18-1-2003 from M.P. Mitra Mitra Charitable Trust to Rustomjee Kerawala Foundation. The plaintiffs are the trustees of said Rustomjee Kerawala Foundation. That letter reveals that Rustomji Kerawala Foundation took possession of 3016.44 sq. meters under the agreement of sub-lessee and in addition to that they were also put in possession of 1443.73 sq. meters land being the portion of the set back area with authority to use the same. The Municipal Corporation issued notice to the plaintiff No.2 Vispi J. Vesuna as a Trustee of M.P. Mitra Charitable Trust to hand over to Municipal Corporation the set back portion 1443 sq. meters out of total 6032.86 sq. meters handed over by MHADA. On the basis of that the plaintiffs filed the suit and took out the Notice of Motion. It appears that some persons are trustees in Rustomji Kerawla foundation, as well as M.P. Mitra Charitable Trust. However, neither M.P. Mitra Charitable Trust nor MHADA is party to the suit. Prima facie it appears that the present appellants do not have any legal right on the area of 1443. 73 sq. meters except that they were 3 ao1253.10.sxw allowed by M.P. Mitra Charitable Trust to possess and use the same. The said M.P Mitra Charitable Trust had taken property from MHADA under clear terms that this much area was the set back area for road widening. In view of this, it appears that M.P. Mitra Charitable Trust as well as MHADA are the necessary parties for proper decision of the matter. It is also pointed out by the learned Counsel for the parties, that the Municipal Corporation has not filed any reply nor it has clarified, why no notice was issued to MHADA for taking possession of this much area. 2. In view of the aforesaid circumstances, in my opinion the following directions would meet the ends of justice. (i) The plaintiffs- appellants shall implead M.P. Mitra Charitable Trust as well as MHADA as defendants in the suit, as well as in the notice of motion. (II) The defendant Municipal Corporation shall file detailed reply to the notice of motion within 6 weeks and the trial Court shall expedite the hearing and dispose of the notice motion within six months thereafter. Till then the Municipal Corporation would not take any action on the basis of the said notice and the plaintiff shall also maintain status quo. 3. The appeal and application stand disposed of accordingly. J. H. BHATIA, J.