M/S. Pushp Ganga Properties v. Shankarrao Keshavrao Bhoirkar And ANR.

2- CAW 2781 of 2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION No. 2781 OF 2015 IN WRIT PETITION No. 6279 OF 2001 M/s. Pushp Ganga Properties ...Applicants In the matter between Shankarrao Keshavrao Bhoirkar and Anr.

...Petitioners

Vs.

Vasudev Khanderao Gupte and Ors.

...Respondents

****** Ms. Priyanka Chavan for Applicants Mr. P.B. Shah for Respondent Nos. 5 to 7 Mr. Karan Thorat -AGP ****** CORAM : SMT. SADHANA S. JADHAV, J.

DATE: OCTOBER 10, 2018 P.C.

1.

This is an application seeking intervention in the original writ petition. 2.

The learned counsel for the Applicants has demonstrated before the Court that during the pendency of the present writ petition, the Applicants have purchased the property from the Respondent Nos.5,6 and 7 who are V.A. Tikam 1/2

added Respondents in original writ petition. The transaction between the Applicants and Respondent Nos.5,6 and 7 would be an issue under section 52 of the Transfer of Properties Act, 1882.

3.

Taking into consideration the fact that the Applicants have also an interest in the said property, they deserve to be added as intervenors. 4.

The learned counsel Mr. P.B. Shah for Respondent Nos. 5,6 and 7 has also fairly submits that in fact he would have no objection for allowing the Applicants to intervene in the matter. However, it is pointed out that Mr. P.B. Shah was also not a party in the original writ petition although he had purchased the said property prior to the filing of the writ petition and, therefore, he sought intervention and added as Respondent Nos. 5,6 and 7. 5.

In view of the above circumstances, civil application is allowed and disposed of in the above terms.

6.

The writ petition be enlisted for final hearing on the board in the week commencing from 29th October, 2018.

[SMT. SADHANA S. JADHAV, J.] V.A. Tikam 2/2