wp8153-10.doc 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8153 OF 2010 Haresh Mohan Gehi & Ors .. Petitioners versus Mr.Arif s/o Waris Ali Sayyad & Ors .. Respondents Mr.P.J.Thorat with Mr.R.A.Thorat for the petitioners. Mr.Mishra i/by Mr.A.M.Saraogi for the respondent No.1. CORAM : B.R.GAVAI, J. 2nd MAY 2011. P.C.: . Rule. Rule made retunable forthwith. Heard by consent. 2 By the present petition, the petitioners challenge the order dated 3rd August 2010 in Chamber Summons No.197 of 2010 filed by the present petitioners in Long Cause Suit No.440 of 2010 which is rejected. 3 The respondent No.1 has filed the suit against the wp8153-10.doc 2 respondent No.2 challenging the notice issued by the respondent No.2 under section 55 of the Maharashtra Regional and Town Planning Act. The suit pertains to an alleged unauthorised construction carried out by the plaintiffs on the terrace of a building. In the suit, application came to be filed by the petitioners for joining them as the party defendants. The said application is rejected. 4 Undisputedly, the action which is taken by the respondent No.2-Corporation against the respondent No.1- plaintiff is on the basis of the complaint made by present petitioners. It is the contention of the petitioners that they are owning ground plus 1st floor of the suit building and the 2nd floor is occupied by the respondents-plaintiffs. It is the contention of the petitioners that they have 2/3rd right over the area on the terrace. In that view of the matter, it cannot be said that the petitioner has no interest at all in the suit in question. The case of the present petitioner would be supported by the Supreme Court in the case of Aliji Momonji & Co Vs. Lalji Mavji reported in (1996) 5 Supreme Court Cases 379. In view of the view taken by the Supreme wp8153-10.doc 3 Court, the petitioners would be necessary party to the suit filed by the respondent No.1-plaintiff. 5 In the result, rule is made absolute in terms of prayer clause (b). (B.R.GAVAI, J)