1. The applicants have taken out present application seeking below mentioned relief:
"6(A) Your Lordships will be pleased to permit the applicants to be impleaded as party respondent Nos.5 to 34 in Special Civil Application No.6767 of 2012 in the interest of justice."
2. The applicants have stated that they all are members of the housing society which has taken out Special Civil Application No.6767 of 2012 and they are directly interested in proceedings related to the said petition. On such premise, present application has been taken out with request that they may be permitted to join the proceedings related to Special Civil Application No.6767 of 2012.
3. Learned advocate Mr.Joshi for the petitioner in the said writ petition being Special Civil Application No.6767 of 2012 submitted that he has no objection if the application taken but by the applicants is allowed and the applicants are permitted to join the proceedings of main petition.
4. It is noticed that the applicants were petitioners in other petitions being Special Civil Application No.1889 of 2011 and Special Civil Application No.1938 of 2011.
5. Although when the society itself is the petitioner and is prosecuting the remedy on behalf of all members of the society, there will not be any need for all members to join the proceedings, however, considering the fact that petitioner has no objection and having regard to the fact that the applicants had earlier preferred certain petitions in which this Court has passed certain orders, the application is accepted and allowed in terms of para-6(A) of the application. The applicants are permitted to join the proceedings of Special Civil Application No.6767 of 2012 as opponents at their own cost. The cause title of the petition shall be accordingly amended. The Civil Application stands dispose of accordingly.
6. Learned advocate Mr.Patel for the applicants i.e. proposed opponents waives service of notice qua the said opponents in the petition.
(K.M.THAKER, J.) (ila) Top