Jayram P Chhabada v. Ghanshyamdas K. Kukreja And ANR

IRESH SIDDHARAM MASHAL IRESH SIDDHARAM MASHAL Date: 2022.02.04 10:25:40 +0530 16.846.22 WP.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO. 846 OF 2022 JAYRAM P. CHHABADA ....PETITIONER V/s.

GHANSHYAMDAS K. KUKREJA AND ANR .....RESPONDENTS Smt. Prabha U. Badadare advocate for the Petitioner CORAM :

NITIN W. SAMBRE, J.

DATE:

FEBRUARY 3, 2022.

P.C.:

1) Leave to amend the cause title. Amendment to be carried out forthwith.

2) In a Suit for specific performance, Petitioner's Application under Order I Rule 10(2) of Code of Civil Procedure, 1908 for impleadment is rejected on 10/12/2021 by the Court of Jt. Civil Judge Senior Division, Kolhapur.

3) Submissions of learned counsel for the Petitioner are, Respondent-Plaintiff is brother and Petitioner has share in the 1/2

16.846.22 WP.doc property.

4) I have appreciated aforesaid submissions.

5) I hardly see any justifiable reasons which warrants exercise of extraordinary jurisdiction to cause interference in the impugned order particularly when Petitioner does not appear to be necessary party to a Suit for specific performance. Respondent-Plaintiff is dominus litis and if there is failure to implead appropriate or necessary party, will result in consequences which RespondentPlaintiff will suffer. 6) That being so, no case for interference in the impugned order is made out. Petition stands dismissed.

[NITIN W. SAMBRE, J.] 2/2