Ashdan Developers Pvt. Ltd Pune And ORS. v. Shri. Eknath Kisan Undre And ORS.

Tandale 7-IA-2507-2020 in SA-479-2008.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2507 OF 2020 IN SECOND APPEAL NO. 479 OF 2008

1. Ashdan Developers Pvt. Ltd.Pune

2. Manjari Housing Project LLP ... Applicants.

In the matter between :- Shri Eknath Kisan Undre and Ors.

... Appellants.

V/s.

Shri Gulab Ramchandra Undre and Ors.

... Respondents.

Mr. Akshay Patil a/w Rishir Daulat and Shreyas Maheshwari i/b. M/s. TRD Associates for Applicants in IA/2507/2020.

Mr. Drupad S. Patil, Advocate for the Appellants in SA/479/2008 and for the Respondents in IA/2507/2020.

Mr. Mayur Khandeparkar a/w Ms. Saloni Shah for Respondent No.1 in SA/479/2008.

CORAM : A.S. GADKARI, J.

DATE : 2nd August, 2021.

P.C. :

1.

This is an Application for impleadment of Applicants i.e. M/s. Ashdan Developers Pvt. Ltd and M/s. Manjari Housing Project LLP as Respondent Nos.6 and 7 respectively in the present Second Appeal. It is stated that, during the pendency of present Second Appeal, Respondent No.5 initially transferred the suit property in favour of Applicant No.1-Ashdan Developers Pvt. Ltd. Pune (proposed Respondent No.6), who subsequently 1/2

Tandale 7-IA-2507-2020 in SA-479-2008.odt transferred the suit property in favour of Applicant No.2-Manjari Housing Project LLP (proposed Respondent No.7) and therefore both the said Applicants are necessary parties in the present Second Appeal as contesting Respondents.

2.

In view of the above and for the reasons stated in the Application, the Application is allowed in terms of prayer Clause (a). 3.

Appellants are directed to implead Applicants i.e. M/s. Ashdan Developers Pvt. Ltd and M/s. Manjari Housing Project LLP as Respondent Nos.6 and 7 respectively.

Necessary amendment be carried out within a period of two weeks from today in the record of the Court and simultaneously in the copies of compilation of Appeal already served upon the learned Advocates for the other Respondents.

[A.S. GADKARI, J.] by MANOJ R TANDALE Date:

2021.08.03 14:58:57 +0530 MANOJ R TANDALE 2/2