Mr. Mohan Waman Date v. Mrs. Sonubai Waman Date And ANR.

8 caf1615-15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1615 OF 2015 IN FIRST APPEAL NO.518 OF 2015 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr.Pratik Rahade i/b Mr.P.N.Joshi for the applicant Mr.Sandip D. Shinde for the respondent no.1 and 2

CORAM

: K.K.TATED, J.

DATED : 22/07/2015 PC:

Heard the learned counsel for the parties.

Though respondent nos.3 to 5 are duly served, no one appeared on behalf of them when the matter was called out.

This application is preferred by plaintiff for adding respondent nos.3 to 5, being subsequent purchasers of the suit property in First Appeal No.518 of 2015 and pending Civil Application. The learned counsel for the respondent nos.3 to 5 are subsequent purchasers of the suit property and they are necessary in the present matter. The learned counsel for the respondent nos.1 and 2 also made a statement that they have no Mohite 1/2

8 caf1615-15.doc objection if subsequent purchasers are added as respondents in the present proceeding.

Considering the submissions made by the learned counsel for the Applicant and the averments made in the Application, I am satisfied that the Applicant has made out a case for allowing the present Civil Application. Hence, following order:

a) Applicant is permitted to add subsequent purchasers as respondent nos.3, 4 and 5 in First Appeal No.518 of 2015 as well as pending Civil Application if any.

b) Amendment be carried out within six weeks from today, failing which Civil Application shall stand dismissed without referring back to the court.

c) Civil application stands disposed off accordingly.

(K.K.TATED, J.) Mohite 2/2