Neeta Sawant 22-WP-11140-2019.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11140 OF 2019 Sanjay Kothilal Kothari & Anr. ...Petitioner : Versus : Municipal Corporation of Greater Mumbai & Ors. ...Respondent Mr. Jatin Sheth, for the Petitioner. Mr. D.R. Kawale, for Respondent-BMC. Mr. Prakash Shah, Senior Advocate with Mr. Girish Agrawal with Mr. Shubham Jangam, for Respondent No.3. CORAM: SANDEEP V. MARNE, J. DATED: 9 OCTOBER 2026. P.C.: 1) Petitioner is aggrieved by order dated 28 June 2019 passed by the Learned Judge, City Civil Court rejecting Chamber Summons No. 268 of 2017 filed under Order 1 Rule 10 of the Civil Procedure Code, 1908 seeking intervention in the Suit filed by Respondent No.3- society. 2) The Suit is filed by the Society challenging notice issued by the Municipal Corporation under Section 53 of the Maharashtra PAGE NO. 1 of 2 Friday, 9 October 2026 Neeta Sawant 22-WP-11140-2019.docx Regional and Town Planning Act, 1966. Petitioner claims rights in respect of the garages on the ground floor of the building of the society. It appears that the Petitioner has already filed S.C. Suit No. 2016 of 2017 seeking declaratory reliefs in respect of the concerned garages. It appears that in their Suit, Petitioners have already secured interim injunction by order dated 29 April 2024. Petitioner would be free to agitate their rights in the Suit filed by them. Their entry into the Suit filed by the Society is rightly declined by the City Civil Court. 3) Leaving open all the contentions of the Petitioners to be agitated in S.C. Suit No. 2016 of 2017, the petition is disposed of. [SANDEEP V. MARNE , J.] PAGE NO. 2 of 2 Friday, 9 October 2026 NEETA SHAILESH SAWANT Digitally signed by NEETA SHAILESH SAWANT Date: 2026.10.12 11:56:50 +0530