1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3260 OF 2009 Pramila J. Sheth & Ors. ..Petitioners. V/s. Mumbai Municipal Corpn. of Gr. Mumbai and Ors. ..Respondents. Mr.K.R.Parekh i/b. M/s. K.R.Parekh & Co. for petitioners. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : APRIL 2, 2009. DATE : APRIL 2, 2009. DATE : APRIL 2, 2009. P.C. : P.C. : P.C. : 1. Heard Counsel for the Petitioners. 2. This Petition is filed essentially to challenge the observations made by the Court below on the issue of right, title and interest of the third party applicant in the suit premises. According to the Petitioner, that issue could be answered only in the proceedings instituted by the third party for declaration and injunction. 3. The argument in my opinion, is ill-advised. In that, the Court below in the present order has merely examined the issue as to whether the third 2 party can be said to have interest in the suit property. The enquiry undertaken by the lower Court is only for that limited purpose and not finally deciding the question of right, title and interest of the third party in relation to the suit property. While considering the application under Order 1 Rule 10 filed by the third party on the assertion that they have interest in the suit property, the Court is entitled to incidentally scrutinize that claim. Thus understood, the apprehension entertained by the Petitioner is as aforesaid ill-advised. To assuage the apprehension of the Petitioner, it is made clear that observation made in the impugned order shall not influence the proceedings pending between the parties bearing Suit No. 7510 of 2000. That suit will have to be decided on its own merits in accordance with law uninfluenced by the observations made in the impugned order of the present order. 4. Petition disposed of on the above terms. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)