Haribhau Kondu Pawar (Deceased) Thr. Lrs. Sanjay Haribhau Pawar And ORS. v. Concord Co-Operative Housing Society, And ORS.

: 1 :

ia-2168-23-17880-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2168 OF 2023 IN CIVIL REVISION APPLICATION NO. 285 OF 2022 Haribhau Kondu Pawar (deceased) Through LRs.

a) Sanjay Haribhau Pawar & Ors ..Applicants

IN THE MATTER BETWEEN

Concord Co-op. Hsg. Soc. & Ors.

..Applicants

Versus

Amedmal Indrabhan Bhatewada (deceased) through Chandrakala Shantilal Lunawat and others ..Respondents ......

WITH INTERIM APPLICATION [STAMP] NO.5652 OF 2023 IN WRIT PETITION NO. 6701 OF 2022 Haribhau Kondu Pawar (deceased) Through LRs.

a) Sanjay Haribhau Pawar & Ors ..Applicants

IN THE MATTER BETWEEN

Irshad Ishaque Shaikh ..Petitioner

Versus

Amedmal Indrabhan Bhatewada (since deceased)Through LR and others ..Respondents ......

WITH INTERIM APPLICATION [STAMP] NO.5654 OF 2023 IN WRIT PETITION [STAMP] NO. 13161 OF 2022 Haribhau Kondu Pawar (deceased) Through LRs.

a) Sanjay Haribhau Pawar & Ors ..Applicants

IN THE MATTER BETWEEN

Venkatesh Landmark through its Partners ..Petitioner

Versus

Amedmal Indrabhan Bhatevada (deceased) Through LRs and others ..Respondents .......

Deshmane(PS)

: 2 :

ia-2168-23-17880-22.odt Mr. Vijay Killedar, Advocate a/w. Abhinav A. Bhatkar, for the Applicants in IA/2168/2023, IA/ST/5652/2023 and IA/ST/5654/2023. ......

CORAM : SARANG V. KOTWAL, J.

RESERVED ON : 18th APRIL, 2023 PRONOUNCED ON: 25th APRIL, 2023 P.C. :

1.

These intervention applications are filed for bringing the Applicants on record as the Respondents. The Applicants claimed to be the protected tenants in respect of the subject properties and, therefore, they have claimed that they are the necessary parties in Civil Revision Applications/Petitions.

2.

The applications mention that they have taken steps to protect their rights under the separate tenancy proceedings under the Maharashtra Tenancy and Agricultural Lands Act, 1948. These proceedings are entirely different and the Applicants are free to proceed with those proceedings in accordance with law. They were not parties to the original suit, decree and the application in which the impugned order was passed.

3.

Therefore, they are not necessary parties to these Writ Petitions/Civil Revision Applications. And, therefore, these Interim Applications for intervention are rejected.

(SARANG V. KOTWAL, J.) by PRADIPKUMAR PRAKASHRAO DESHMANE Date:

2023.04.25 14:30:34 +0530 PRADIPKUMAR PRAKASHRAO DESHMANE