*1* IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7869/2009 Snehalata Suresh Dhuri. ..Petitioner -VERSUS- Krishna Sadan Co-operativbe Housing Society and others. ..Respondents ............... Mr.S.B.Shetye, Advocate for the Petitioner. Mr.Shivraj Patil, Advocate h/f. Mr.S.D.Patil, for the Respondent No. 1. ............... CORAM: A.P. DESHPANDE, J. Dated 02nd December, 2009. PC:- 1 The present Petitioner is the original Plaintiff who has instituted a suit calling in question the legality of notice issued by the Defendant-Corporation calling upon the Plaintiff to remove the illegal structure. In the said suit, the Society/owner moved an application under Order-1 Rule-10 of the Civil Procedure Code for it’s impleadment as party Defendant on the ground that action of issuance of demolition notice is on account of complaint made by the Applicant/Society and hence, the Society has interest in the property which is subject matter of the demolition notice and therefore, the Society be impleaded as party Defendant in the suit. The Trial Court allowed the application by placing reliance on the judgment of the Apex Court (Aliji Momonji & Co. Vs. Lalji Mavji & *2* Ors. (1996) 5 SCC 379) which holds that owner of the property has real interest in the property which is subject matter of the demolition notice and hence, the owner/landlord is necessary party. 2 Perused the impugned order, the same does not suffer from any illegality as the Court has found that the presence of Society would assist the Court in final and conclusive decision of the issue involved in the suit and thus, allowed the application. In that view of the matter, no interference is called for in the impugned order. Writ Petition is dismissed. (A.P. Deshpande, J)