1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE CIVIL JURISDICTION WRIT PETITION NO.7113 OF 2010 Manohar T. Sable and Ors. ...Petitioners. v. B.M.C. & Ors. ...Respondents. Mr.Pritesh Bohade i/by V.R.Sutrale, advs. for the petitioner. Mr.C.K.Tripathi, adv., for the respondent no.2. CORAM : J.H.Bhatia, J. DATE : 16th September, 2010 P.C.: 1 Heard. Petitioners filed L.C.Suit no.1139 of 2010 challenging the notice under Section 351 issued by the respondent no. 1/Municipal Corporation and in that suit, the respondent no.2 took out chamber of summons no.348 of 2010 to implead himself as defendant on the ground that he is the owner of land on which the plaintiffs have made unauthorised and illegal construction and he wants to bring these facts before the Court in the suit filed by the plaintiffs. The trial Court allowed that chamber summons and directed that the respondent no.2 to be impleaded as defendant. That order is challenged in the present petition. 2 In view of the facts and particularly the contention of the respondent no.2 that he is the owner of the land on which the 2 plaintiffs have made unauthorised and illegal construction by making encroachment, he cannot be denied right to defend the suit. Therefore, I find no substance in the petition. 3 Petition stands dismissed. (J.H.BHATIA, J.)