Sayad Mahemood Sayad Nizamoddin Died Through Lrs Sayad Faruk Mahemmod Inamdar And Another v. Sayad Rasul Sayad Mehtab Died Through Lrs Zakiyabee Rasul Sayad And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.2725 OF 2023 Sayad Mahemood S/o. Sayad Nizamoddin Died Through his L.Rs.

Sayad Faruk S/o. Mahemood Inamdar and another .... Petitioners

Versus

Syed Rasul S/o. Sayad Mehtab Died through his L.Rs.

Zakiyabee W/o. Rasul Sayad and others .... Respondents ......

Mr. Ravibhushan P. Adgaonkar, Advocate for the Petitioners ......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 10th MARCH, 2023 ORDER :

1.

The petitioners are aggrieved by the order passed by learned Civil Judge, Senior Division, Latur below Exhibit-57 and 67 in M.A.(NRJE) No.45 of 2020.

2.

By application Exhibit-57, legal heirs of Sayyad Nisar Mahemood (Inamdar), as third party applicants, have requested to add them into the proceedings as party respondents. Similarly, application Exhibit-67 is filed by third party applicants, who claimed the legal heirs of deceased Sayyad Nisar Mahemood (Inamdar). They claimed to be legal

heirs from first wife, namely; Sayyad Jarina Nisar Ahmad (Shaikh), of Sayyad Nisar Mahemood (Inamdar). 3.

The trial Court after hearing both the sides, observed that the proceeding is filed for withdrawal of compensation amount. Sayyad Mahemood Nijamoddin (Inamdar) expired, therefore, his legal heirs i.e. original applicants contested the matter. Now, third party applicants are claiming to be legal heirs of deceased Sayyad Mahemood Nijamoddin (Inamdar). Since the original applicants have denied that the third party applicants are the legal heirs of deceased Sayyad Mahemood Nijamoddin (Inamdar), the trial Court granted them opportunity to lead evidence so that the matter can be decided on merits. The trial Court has held that for effective adjudication of the matter, the presence of the third party applicants is necessary, so that both the parties would get opportunity to establish their stand. The trial Court, therefore, allowed the applications Exhibit-57 and 67 for adding them as party respondents in the matter.

4.

The learned advocate for the petitioner assails the impugned order stating that as per the documents placed on record, the third party applicants are not legal heirs of deceased Sayyad Mahemood Nijamoddin (Inamdar). He,

therefore, submits that the trial Court has committed an error in adding them as party respondents.

5.

Considering the reasoning adopted by the trial Court, the trial Court has thought it fit to give opportunity to both the parties to lead evidence to show that they are legal heirs of deceased Sayyad Mahemood Nijamoddin (Inamdar), and according to the trial Court, their presence is necessary for effective decision of the suit. Considering these reasons, this Court does not find any illegality or perversity in the order impugned in the present petition.

6.

The writ petition being devoid of merit is dismissed. [ NITIN B. SURYAWANSHI ] JUDGE S.P. Rane