*1* kps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4626/2009 IN FIRST APPEAL NO.222/2009 Municipal Corporation of Greater Mumbai. ..Applicant -VERSUS- Rahimatullah N. Kureshi. ..Respondent ........... Mr.V.Mahadik, Advocate for the Applicant/BMC. Mr.S.A.Sawant, Advocate for the Respondent. .......... CORAM : K.K.TATED, J. Date : 04th February, 2010. P.C. 1 Heard the learned counsel appearing for the parties. 2 Leave to amend the title clause. Amendment to be carried out forthwith. 3 The present Civil Application is preferred by the original Defendant/Corporation for joining one Mr.Soharab Khan Mohammad Mulani as party Respondent No.2 in the present First Appeal. 4 Few facts of the case are as under:- The Applicant/Corporation issued a notice under Section 351 to the present Respondent dated 08.05.2001 in respect of unauthorized construction carried out by him. The said notice was challenged by the Respondent by preferring L.C. Suit No. 5912/2002 in the City Civil Court, Mumbai. The said suit came to be dismissed by the judgment and decree on 06.10.2008. Being aggrieved by the same, the Respondent preferred the present First Appeal and the same is admitted by this Court on 19.03.2009. 5 It is the case of Applicant/Corporation that the *2* Corporation initiated action against the Respondent on the basis of the information/ complaint filed by said Mr.Soharab Mulani and he knows the entire matter about unauthorized construction carried out by the Respondent. Paragraphs Nos.5 and 6 of the Civil Application read as under:- “5. I say that the complainant Shri Soharab Khan Mohd. Mulani has a personal knowledge in respect of the suit structure. He has also filing the various complaints in respect of the said unauthorized construction raised by the appellants for which the Corporation has issued a notice under section 351 of MMC Act and passed order thereon declared the same as illegal and hence he may be in a better position to assist the court to decide the matter on merits and therefore it is necessary to implead him as party Respondent in the present appeal to state that other facts and the position of the suit structure. 6. I say that the complainant Shri Soharab Khan Mohd. Mulani is lodging complaints in respect of the suit structure to the various authorities of the respondent and requesting to take immediate steps in the matter and demolish the suit structure in view or the same it is necessary to expedite the hearing of the present appeal to so that further action can be taken in respect of the suit structure.” 6 On the basis of averments made by the Applicant in paragraphs Nos.5 and 6 of the Civil Application, the learned counsel for the Applicant submits that in the interest of justice the said Mr.Mulani be added as party Respondent No.2 in the present First Appeal. 7 The learned counsel for the Respondent/original Appellant submits that Mr.Mulani is neither landlord nor occupant *3* and he has no concern whatsoever with the property in dispute. He further submits that just because Mr.Mulani had made complaint to the Corporation and on the basis of the said complaint, a notice under Section 351 was issued; he is sought to be impleaded. He submits that in any case Mr.Mulani is not a required party in the present appeal and therefore, Civil Application may be dismissed. 8 It is correct that neither Mr.Mulani is/was occupant of the suit premises nor anyway connected with the said premises. Just because he had made complaint to the Corporation for taking action in respect of the unauthorized construction raised by the Respondent, the Corporation issued notice under Section 351 to the Respondent. It is an admitted fact that the Corporation has not made any application in the Trial Court for joining him as Defendant in the suit. For the first time, at the appellate stage, the Corporation has filed the present Civil Application for joining the said Mr.Mulani as Respondent No.2. In any case, the Applicant has failed to justify the cause for joining the said Mr.Mulani as Respondent No.2 in the First Appeal. I do not find any substance in the present Civil Application and the same is dismissed. No order as to costs. (K.K.TATED, J.)