Pandit Mahadu Wagh And ORS. v. Gangadhar Karbhari Jadhav And ORS.

DSS 910-wp-2548-15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2548 OF 2015 Mr. Pandit M. Wagh and ors.

.. Petitioners vs.

Mr. Gangadhar K. Jadhav and ors.

.. Respondents Mr. N.Y. Chavan for the Petitioners.

Mr. S.D. Rayrikar, AGP for Respondent Nos.4 and 10. CORAM :

M. S. SONAK, J.

DATE : 19 MARCH, 2015 P.C. :- 1] This petition impugns the order dated 9 December 2014, by which the learned Civil Judge, Senior Division, Nashik has exercised the powers under Order 1 Rule 10 of the CPC and permitted impleadment of certain parties as defendants to the petitioners' suit. 2] There is no dispute that the parties who have been permitted to implead are co-sharers in respect of at least the portion of suit property being Gat No.147. The reliefs in the plaint, relate not merely to declaration of rights of the plaintiffs, but also declaration with regard to N.A. permissions granted in respect of the suit property. In these circumstances, it cannot be said that the parties whose impleadment has been permitted, have no nexus whatsoever 1/2

DSS 910-wp-2548-15 with the issues raised in the suit or that they would in no manner affected by the out come of the suit.

3] There is no jurisdictional error or perversity in making of the impugned order. Accordingly, there is no reason to entertain the present petition.

4] This petition is, accordingly, dismissed. There shall be no order as to costs.

(M. S. SONAK, J.) dinesh 2/2