*1* 39.wp.9476.10 skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9476 OF 2010 Ram Maloji Walekar ..Petitioner -Versus- The Municipal Commissioner & Ors. ..Respondents .......... Mr.R.V.Bansode for the Petitioner. None for the Respondents. .......... CORAM : B.R. GAVAI, J. DATE : 21ST FEBRUARY, 2011. P.C. 1 By way of the present petition, the petitioner challenges the order dated 3rd September 2010 passed by the Learned Judge, City Civil Court, Greater Bombay vide which the Chamber Summons taken out by respondent no.3 in the suit filed by the present petitioner came to be allowed. 2 The petitioner has filed a long cause suit for declaration that the notice issued to the petitioner dated 15th July 2009 is illegal. In the said suit, some interim orders are also passed. *2* 39.wp.9476.10 3 It appears that the Chamber Summons came to be moved by respondent no.3 herein for impleading it as party respondent, in the said proceeding. Respondent no.3 is an Association of occupants residing in Jay Bhavani Sadan, wherein near about 106 occupants are residing. It is contended by respondent no.3 that the petitioner has carried out an illegal construction. It was, therefore, submitted that for pointing out this factual position, the presence of the said applicant was necessary before the learned trial Court. The learned trial Court has allowed the said application. 4 Mr.Bansode, learned counsel appearing on behalf of the petitioner submits that since the lis is purely between the petitioner and the BMC, respondent no.3 cannot be imposed in a suit filed by the petitioner against his wishes. 5 The learned trial Court, taking into consideration the facts and circumstances and particularly that the petitioner was residing in a building viz.Jay Bhavani Sadan and that respondent no.3 was an Association of the occupants of the said building, has allowed the said application. No perversity is noticed in the approach adopted by the learned trial Court to warrant interference in the extraordinary jurisdiction under Article 227 of the Constitution of India. *3* 39.wp.9476.10 5 The petition is rejected. [ B.R. GAVAI, J. ]