Sou. Shambi Dadamiya Sayyad v. Ali Ajiz Kazi And ORS

3. wp 3834.15.doc ingale

IN THE HIGH COURT OF JUDICATURE AT MUMBAI

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3834 OF 2015 Sou. Shambi Dadamiya Sayyad ...

Petitioner Vs.

Ali Ajiz Kazi and others ...

Respondents Mr.Dipak S. Shinde, Advocate for Petitioner.

Mr.Vaibhav A. Gaikwad, Advocate for Respondents No. 1, 2, 4 & 5. CORAM :

R.G.KETKAR, J.

DATE : 06th JANUARY, 2016 P.C. :

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Not on board. At the request of Mr.Shinde, taken up for admission.

2.

By this Petition under Article 227 of the Constitution of India, original plaintiff has challenged the judgment and order dated 02/07/2014 passed by the learned Civil Judge, Junior Division, Phaltan below Exhibit 38 in Regular Civil Suit No. 114 of 2013. By that order, the learned trial judge allowed the application Exhibit 38 made by the respondent No.2 - original defendant No.2 for impleading co-sharers/co-holders as party defendants in the Suit. 3.

Mr.Gaikwad states that respondent No.2 is personally present in the Court. He has tendered photocopy of the identity card of respondent No.2 which is taken on record and marked 'X' for 1/2

3. wp 3834.15.doc identification. After taking instructions from respondent No.2, Mr.Gaikwad seeks permission to withdraw the application at Exhibit

38. He submits that in view thereof, the impugned order may be dissolved. Mr.Shinde has no objection.

4.

On the motion made by Mr.Gaikwad, application Exhibit 38 is permitted to be withdrawn. In view thereof, the impugned order is dissolved. It is made clear that co-sharers/co-holders are at liberty to file application for their impleadment if they are so advised. I have not examined their entitlement and if the Suit proceeds in their absence, the order passed therein will not bind them.

(R.G.KETKAR, J.) 2/2