Shri Babasaheb Bhau Sanap v. Shri. Harish Jayprakash Dixit And ORS

kishor 1/2 11 wp 4726 of 16 as..doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4726 OF 2016 Babasaheb Bhau Sanap

...Petitioner

Versus

Harish Jayprakesh Dixit & Ors.

...Respondents

...

Mr. S. D. Patil for the Petitioner.

CORAM: SANDEEP V. MARNE, J.

DATE : 18 AUGUST 2023.

P. C.:

By this petition Petitioner challenges order dated 18 August 2015 passed by the 6th Jt. Civil Judge, Senior Division, Nasik thereby rejecting Petitioner-Plaintiff's application for impleadment of MSEDCL as party defendant to the suit under provisions of Order 1, Rule 10 of the Code of Civil Procedure.

2.

The suit has been filed by Petitioner-Plaintiff inter alia for specific performance of the agreement to sale allegedly executed by by KISHOR VISHNU KAMBLE Date:

2023.08.19 15:03:46 +0530 KISHOR VISHNU KAMBLE defendant No.1 in his favour. Petitioner-Plaintiff has also challenged subsequent transaction executed by defendant No.1 in favour of defendant No.2 and 3. Petitioner-Plaintiff sought to implead MSEDCL

kishor 2/2 11 wp 4726 of 16 as..doc as party defendant to the suit on the ground that the MSEDCL has disconnected electric supply of suit property which is allegedly in possession of Petitioner.

3.

In my view, in suit for specific performance of alleged agreement to sale executed by defendant No.1 in favour of PetitionerPlaintiff, MEDCL cannot be a necessary party. Admittedly it is not party to the contract. The Trial Court has rightly rejected Petitioner-Plaintiff's application for impleadment of MSEDCL as party defendant. In case Petitioner-Plaintiff has any grievance against any action of MSEDCL, Petitioner-Plaintiff can always adopt independent proceedings against MSEDCL for restoration of electric supply.

4.

The Writ Petition being devoid of merits, is dismissed without any order as to costs.

SANDEEP V. MARNE, J.

by KISHOR VISHNU KAMBLE Date:

2023.08.19 15:02:33 +0530 KISHOR VISHNU KAMBLE