Bansilal Kanhyalal Hemdeo And ORS v. Pandharinath Rama Kadav And ORS

Trupti p503-caw-490-17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 490 OF 2017 IN WRIT PETITION NO.10126 OF 2016 Bansilal Kanhyalal Hemdeo & Ors.

...Applicants In the matter between Bansilal Kanhyalal Hemdeo & Ors.

...Petitioners

Versus

Pandharinath Rama Kadav & Ors.

...Respondents

......

Mr.N.R.Bubna I/b. Mr. Amit A.Gharte for the Applicants. Mr.Girish R. Agrawal for Respondent Nos. 3 and 5. ......

CORAM: Mrs.MRIDULA BHATKAR, J.

DATED:

JULY 04, 2017 P.C. :

1.

Not on board. Upon mentioning, taken on board. 2.

This Civil Application is moved by the applicants for impleading proposed respondent no.5 as a party respondent in this Writ Petition, as respondent no.1 has sold the suit property to proposed respondent no.5, who is a grand daughter of respondent no.1 and therefore, she be impleaded as a party respondent no.5.

Trupti p503-caw-490-17.doc 3.

It is submitted that the order of status quo in respect of the suit property also be passed because proposed respondent no.5 is likely to be disposed of the suit property.

4.

The learned counsel for respondent no.5 is present. He submits that the present land was transferred to her in the year 2016 and she has not created any third party interest till today and the apprehension is misplaced.

5.

Considering the submissions made by the learned counsel for both the parties, it is not disputed that at present the transferred is made in favour of proposed respondent no.5 and therefore, it is proper to implead her as a party respondent so also the request of status quo is also allowed. Hence, Civil Application No. 490 of 2017 is allowed in terms of prayer clause (a) and (b) and the amendment is to be carried out within a period of one week.

6.

Writ Petition No. 10126 of 2016 is posted for admission on 25.07.2017.

(MRIDULA BHATKAR, J.)