1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.8585 OF 2009 Hakki Mulla Babu Shaikh ...Petitioner vs. B.M.C. And others ...Respondents Mr.Ravindra Lokhande for the petitioner Mr.M.M.Malvankar for respondent No.1-BMC CORAM :A.S.OKA,J. DATE : JANUARY 21, 2010 P.C. 1 Heard the learned counsel for the petitioner. The petitioner is the third party who applied under Rule 10 (2) of Order I of the Code of Civil Procedure,1908 for impleading himself as a party-defendant to the suit filed by the 2 nd respondent. The suit is filed by the 2 nd respondent challenging the notice of demolition issued by the 1 st respondent. After hearing the application, the trial Court rejected the application on the ground that the petitioner has no concern with the property in dispute. 2 Perusal of the affidavit in support of the Chamber Summons shows that the case of the petitioner is that the 2 nd respondent has carried out unauthorised construction on a Hindu Cemetery land. In the affidavit it is not asserted as to how the petitioner is concerned with the said property. The petitioner has merely stated that he has filed a complaint with the 1 st respondent on the basis of which the notice under challenge in the suit was issued. The learned counsel for the petitioner tried to submit that the petitioner is a resident of a nearby 2 structure. There is not even a whisper in the affidavit that the petitioner is residing close to the offending structure or that the petitioner is himself directly affected by the offending structure. 3 In the circumstances, the petitioner is neither a necessary nor a proper party to the suit. No case for interference is made out. Writ Petition is rejected. JUDGE