Megha 1_wp_10280_2022 and group IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10280 OF 2022 WITH WRIT PETITION NO. 10529 OF 2022 WITH WRIT PETITION NO. 10527 OF 2022 WITH WRIT PETITION NO. 10548 OF 2022 WITH WRIT PETITION NO. 10528 OF2022 Zahir Nazir Shaikh And Anr. ...Petitioners V/s. Amir Nazir Shaikh And Ors ...Respondent ________________ Mr. Amogh Singh with mr. Sarvesh Dixit and Mr. Rutuparn Umesh Deo i/b Mr. A. K. Singh for Petitioners. Mr. Rajesh Kachare i/b Mr. S. S. Kharat for Respondent No. 1 to 3. ________________ CORAM: SANDEEP V. MARNE, J. DATED: 08 MAY 2026. P.C.: 1) Petitions challenge orders dated 8 April 2022 passed by the learned Judge, City Civil Court dismissing the Chamber Summons taken out by the Petitioner for their impleadment as Defendants in the Suits. Page No. 1 of 3 8 May 2026 Megha 1_wp_10280_2022 and group 2) I have heard Mr. Singh, the learned counsel appearing for the Petitioners and Mr. Rajesh Kachare, the learned counsel appearing for Respondent Nos.1 to 3/ original Plaintiffs. 3) Perusal of the Plaint would clearly indicate that Plaintiffs are challenging documents of purchase of Cats by the Defendants by alleging that the units purchased by the Defendants are in fact illegally constructed. Illegal construction is sought to be attributed to the Petitioners. This is clear from averments made in paragraph 6 of the Plaint: 6. The plaintiffs state that thereafter the Drm has applied for the IOD in respect of the suit property, which came to be granted. The plaintiffs state that then the Drm has also applied for the Commencement CertiDcate in respect of the said property, which came to be granted to the Drm only on 16.03.1998, for the only two upper Coors of the suit Building. The plaintiffs state that however pending the further Commencement CertiDcate, the father and mother of the defendants had illegally and unlawfully constructed one additional Coor along with terrace in respect of Wing-A of the suit Building The plaintiffs state that not only that but the father and mother of the defendants constructed two additional Coors in respect of Wing-B of the suit Building, even though the said acts were objected by the Plaintiffs as they were more interested in full completion of the suit property as per the approved plan of the B.M.C. 4) Thus, there are direct allegations against the Petitioner of indulging in unauthorised construction of Cats, which are subject matter of the Suits. In that view of the matter, Petitioners become necessary parties to the Suits as they can demonstrate before the Court as to how the suit premises are authorised. Page No. 2 of 3 8 May 2026 Megha 1_wp_10280_2022 and group 5) In my view, therefore, the Trial Court has erred in rejecting the Applications for impleadment Dled by the Petitioners. The Petitioners are necessary parties to the Suit. There are direct allegations against the Petitioners in the Suits. 6) Petitions accordingly succeed. Impugned orders dated 8 April 2022 are set aside. Chamber summons Dled in each of the Petitions are made absolute in terms of the prayers made therein. Necessary amendments shall be carried out in the Plaint within a period of six weeks from today. Petitioners to Dle their written statement in each of the Suits within a period of three months from today. 7) With the above directions, the Petitions are allowed and disposed of. [SANDEEP V. MARNE, J.]. Page No. 3 of 3 8 May 2026 Signed by: Megha S. Parab Designation: PA To Honourable Judge Date: 11/05/2026 16:22:45