Lsp IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT PETITION NO. 1973 of 2009 Subhash Parasmal Baldia ...Petitioner V/s. Municipal Corporation of Greater Mumbai & anr. ...Respondents Mr. P.S.Dani i/b. KIran Jain & Co. for the petitioner. M/s. Jhangiani Narula & Associates for respondent no.2. Mr. M.M.Malwankar for resopndent no.1. CORAM CORAM CORAM : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. DATED DATED DATED : 2ND MARCH, 2009 : 2ND MARCH, 2009 : 2ND MARCH, 2009 P.C. . Heard Counsel for the parties. 2. The Trial Court relying on the Deed of Conveyance dated 29th September, 2008 and Deed of Conveyance dated 23rd November, 2007 has proceeded to hold that respondent no.2 had right, title, interest in the suit property. That does not mean that the Court has entered upon the issue of title as such. That finding has been recorded only for the limited purpose of ascertaining whether respondent no.2 had any concern with the suit property. 3. The argument of the Petitioner that the Court virtually decided the issue of title is inappropriate. That is not the scope of order passed by the Court 2 below. The Court below has merely considered the necessity of allowing respondent no.2 to be impleaded as party defendant being a necessary and proper party on the finding that the registered documents produced by respondent no.2 would indicate that he has interest in the suit property. No fault can be found with the said conclusion reached by the Lower Court. No interference in exercise of writ jurisdiction against the discretionary order is warranted. Dismissed. 4. Needless to observe that the trial Court in the present suit is merely called upon to consider the validity of the Notice under Section 351 of the BMC Act. In such a suit if the parties raise dispute about the title in respect of suit property, that may not be a relevant point in issue to be addressed in the present suit. [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.]