Amarsinha Vasantrao Kirdat v. Rekha Vishnu Mule

924-WP-2348-14.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.2348 OF 2014 AMARSINHA VASANTRAO KIRDAT

VERSUS

REKHA VISHNU MULE ...

Advocate for Petitioner : Mr. R. P. Bhumkar Advocate for Respondent No.1 : Mr. A. S. Kulkarni ...

CORAM : NITIN B. SURYAWANSHI, J.

DATE : 17th NOVEMBER, 2021 PER COURT :

1.

The petitioner is aggrieved by the order passed by the learned 5th Joint Civil Judge, Junior Division, Osmanabad, below Exhibit 23 in Regular Civil Suit No.446/2012, thereby adding the husband of respondent as a party - defendant in the suit, as the suit property was sold by the husband of the respondent to the petitioner in the year 2012. According to the petitioner he is not a necessary party and his addition as a party would prolong the suit.

2.

Perusal of the record indicates that the trial Court has considered all the aspects and has rightly came to the conclusion that the husband of the respondent is a necessary party to the suit. No fault is found with the order passed by the learned trial Court. 3.

There is no merit in the challenge raised by the petitioner. The writ petition is dismissed.

(NITIN B. SURYAWANSHI, J.) SVH