Smt. Indutai Kundalika Chavan v. Shankar Krishna Chavan And ANR.

1 WP 11280-15.doc-20

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.11280 OF 2015 Smt. Indutai Kundalika Chavan.

] ... Petitioner

Versus

1. Shankar Krishna Chavan, ]

2. Jannardhan Kundalika Chavan.

] ...Respondents Mr. Kalpesh Patil for Petitioner.

None for Respondents.

Coram: N.M. Jamdar, J.

Dated: 08 September 2016 P.C. :

1.

Heard the learned Counsel for petitioner.

2.

The application for impleadment of the petitioner in RCS No.272 of 2012 pending in the Court of Civil Judge, Junior Division, Karad, has been rejected by the impugned order. The suit is filed by the respondent no.1 seeking an order of injunction. In a simplicitor suit injunction, the petitioner has sought to join herself as a party stating that the petitioner has filed another suit for partition in respect of the property which includes this URS

2 WP 11280-15.doc-20 property. The view taken by the learned Civil Judge cannot be faulted. The plaintiff has chosen to join only respondent no.2 as a party defendant and any order of injunction can only bind the respondent no.2 and not the petitioner if the petitioner is not a party. It is for the plaintiff to decide against whom he has to seek an order of injunction. Since the petitioner is not a party in the suit, the outcome of the suit obviously cannot bind the petitioner. In the circumstances, no prejudice is caused by the impugned order. The Writ Petition is accordingly rejected.

(N. M. Jamdar, J.) URS