Shri. Dhonduram Pandu Rupekar And ORS v. Shri Vijay Raichand Nenci And ANR

3 cao 101-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 101 OF 2018 IN APPEAL FROM ORDER NO. 66 OF 2017 Dhonduram Pandu Rupekar & Ors.

..Applicants/Appellants v/s.

Vijay Ramchandra Nency & Anr.

..Respondents Mr. Sameer Tendulkar for the Applicant- Appellant Mr. Atul Damle a/w. M.K.Tanna for the Respondent nos.1 and 2. Mr. Sharan Jagtiani for Respondent No.3 CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED : 19th MARCH, 2018.

P.C.

1.

By this application, the applicant has sought to implead M/s. Paradise Superstructures through its partners (1) Madhu Bhagwandas Bhatija, (2) Manish Madhu Bhatija and (3) Amit Madhu Bhatija as respondent No.3 to the appeal.

2.

The learned Counsel for the applicant submits that during pendency of the appeal from order, the respondent nos.1 and 2 have pps

3 cao 101-18.doc entered into an agreement with M/s. Paradise Superstructures. The learned Counsel for the applicant further submits that the applicants will file similar application within one week to implead the said respondent as defendant no.3 in Suit No. 152 of 2013 pending before the CJSD, Panvel.

3.

The rights in favour of the proposed respondent no.3 have been created during the pendency of the suit. In view of these subsequent events, the respondent no.3 is a necessary and proper party. Hence the application is allowed. M/s. Paradise Superstructures through its partners (1) Madhu Bhagwandas Bhatija, (2) Manish Madhu Bhatija and (3) Amit Madhu Bhatija is ordered to be impleaded as respondent no.3. Cause title be amended. All points and contentions relating to respondent no.3 are kept open. 4.

Civil application is disposed of.

(ANUJA PRABHUDESSAI, J.) pps