1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. Notice of Motion No.947 of 2008 IN Suit No.3259 of 2004 Krishna Sitaram Kalap. .. .. Plaintiff v/s. 1. Dnyanesh Kamlakant Samant & ors. .. Defendants Plaintiff in person. Mr.Tushar Dahibawakar i/by Dahibawakar & Co. for Defendants. ----- CORAM : SMT.ROSHAN DALVI, J. Dated : 5 th February 2009 P.C. : 1. The Plaintiff claims joint possession of the suit premises which is a room allotted to his younger brother under the SRA Scheme developed by Defendant No.3. Defendant No.1 is the landlord of the premises. Defendant No.2 is MHADA. 2. The Plaintiff's younger brother has already been allotted the premises and is in possession thereof. Since the Plaintiff claims joint possession with him under the order of the competent Authority under the SRA Scheme dated 4.8.2007, the claim of the Plaintiff is in essence against with his brother. 2 3. The Plaintiff must, therefore, make his brother a party Defendant in the Suit. The Plaintiff appears to have taken out a Chamber Summons being Chamber Summons No.51 of 2005. That Chamber Summons has been dismissed. The Plaintiff's brother, who would have been made Respondent to the Chamber Summons, had not appeared. In the interest of justice, the Chamber Summons is restored to the file so that the Plaintiff can serve the Chamber Summons upon his brother, make him a party Defendant and prosecute the Suit against his brother. The Plaintiff, who is appearing in person, is informed that no reliefs can be granted to the Plaintiff until his brother is made a party Defendant and is served with the papers and proceedings of this Suit. 4. The Advocate for Defendant No.3 makes a statement that the Plaintiff and/or his younger brother together can be allotted only one premises. That has been allotted. Defendant No.3 has no objection if both the brothers use and occupy the said premises jointly. The statement is accepted. 5. Hence there shall be no order on this Notice of Motion save and except the direction that since the permanent alternate premises is already allotted to the younger brother of the Plaintiff, Defendant No.3 shall not obstruct the Plaintiff in 3 residing in that premises jointly with his brother. It is clarified that the directions in this order are not in respect of any premises other than the premises allotted by Defendant No.3 to the Plaintiff's younger brother. 6. The Notice of Motion is disposed of accordingly. 7. The Plaintiff shall serve the Notice of Motion as well as a copy of the Plaint upon his younger brother. 8. Chamber Summons No.51 of 2005 is adjourned to 20.2.2009. (SMT.ROSHAN DALVI, J.)