- 1 - 16.chs.333, 369.2011 s.528.11 skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.333 OF 2011 IN SUIT NO.528 OF 2011 Sagar Deep Darshan CHS. Ltd. ..Plaintiff -Versus- Laxmichand Devji Gangar (H.U.F.) & Ors. ..Defendants -And- Bhupat Ratilal Thadeshwar & Ors. ..Applicants. WITH CHAMBER SUMMONS NO.369 OF 2011 IN SUIT NO.528 OF 2011 Sagar Deep Darshan CHS. Ltd. ..Plaintiff -Versus- Laxmichand Devji Gangar (H.U.F.) & Ors. ..Defendants -And- Pravinchandra D. Shah & Ors. ..Applicants. .......... Mr. D.H.Mehta a/w. Mr.Chirag Balsara, Ms.Usha Gadgakar, Mr.Jayesh R. Vyas i/b M/s.Divya Shah Assoc. for the Plaintiff. - 2 - 16.chs.333, 369.2011 s.528.11 Mr.A.R.Shaikh for Defendant Nos.2, 6, 8 & 16. Mr.Pravin Samdani, Senior Counsel a/w. Mr.Aniruddha Joshi, Mr.Nikhil Karnawat i/b Viraj Maniar Assoc. for the Appliants/in support of Chamber Summons. .......... CORAM : S.J. VAZIFDAR, J. DATE : 29TH JUNE 2011. P.C. 1 Both the Chamber Summons involve the same question, I therefore dispose of both the Chamber Summons by this common order. 2 There is no doubt that the reliefs sought by the Plaintiff, if granted against the Defendants, especially Defendant No.16 would affect the rights of the Applicants. For instance, one of the reliefs claimed is that Defendant No.16 ought not carry out any construction on the portion of the property on which there are structures which are occupied by the Applicants. The Applicants claim to have entered into an agreement with Defendant No.16. The Applicants further contend that Defendant No.16 acquired the rights from the original owner. The merits of the rival contention are not important at this stage. What is important is the fact that the Plaintiff’s challenge to the right of Defendant No.16 to carry out the construction for a building inter alia for the Applicants would directly affect the Applicants. - 3 - 16.chs.333, 369.2011 s.528.11 3 In the circumstances, the Chamber Summons is made absolute in terms of prayer (a). Amendment to be carried out within two weeks from today. The Plaintiff is at liberty to carry out consequential amendments in the Notice of Motion or to take out a fresh Notice of Motion. Both the Chamber Summons are accordingly disposed of. -