Prabhavati Shankarrao Zadbuke And ANR v. Shri. Hansraj Hanuman Zanwar

RVC 1. RPW-1-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION REVIEW PETITION NO.1 OF 2022 IN WRIT PETITION NO.798 OF 2020

1. Prabhavati Shankarrao Zadbuke & Anr.

... Review Petitioners In the matter between :

Shri Hansraj Hanumandas Zanwar ... Petitioner V/s.

Deputy Superintendent of Land Records & Ors. ... Respondents Mr. Ketan Joshi i/b Mr. V.V. Mohite for Review Petitioners. Mr. Ashutosh M. Kulkarni for Petitioner.

CORAM : A. S. GADKARI AND SMT. BHARATI DANGRE, JJ.

DATE : 12th MARCH 2024 P.C. :

1) Admittedly, the Review Petitioners were the necessary party while deciding Writ Petition No.798 of 2020 and without joining them as Respondents, the Petitioner proceeded with the hearing of the said Petition. Though, Order dated 27th January 2020, prima facie appears to be innocuous, the legal rights of the Review Petitioners are affected due to it. 1.1) According to us, the impleadment of the Review Petitioners in Writ Petition No.798 of 2020, is imperative.

2) In view thereof, we recall Order dated 27th January 2020 and restore Writ Petition No.798 of 2020 to the file, for hearing it by the Bench 1/2

RVC 1. RPW-1-2022.doc having the assignment of the said subject.

2.1) We direct the Petitioner to implead the Review Petitioners as '

Respondent Nos.5 and 6' in the said Petition. 2.2) Necessary amendment be carried out within three weeks from today.

3) Review Petition is allowed in the aforesaid terms. ( SMT. BHARATI DANGRE, J. ) ( A.S. GADKARI, J. ) RAJESH VASANT CHITTEWAN Date: 2024.03.13 14:00:25 +0530 RAJESH VASANT CHITTEWAN 2/2