Jayant Ganpat Navarkar And Another v. Rajkumar Indrasen Suryawanshi And Others

1 925-WP-2981-16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 2981 OF 2016 JAYANT GANPAT NAVARKAR AND ANOTHER

VERSUS

DR. RAJKUMAR INDRASEN SURYAWANSHI AND OTHERS ...

Mr. Ankush N. Nagargoje, Advocate for the Petitioner Mr. Mukul S. Kulkarni, Advocate for Respondent No.1 ...

CORAM : MANJUSHA DESHPANDE, J.

DATE : 12th FEBRUARY, 2025 PER COURT :

1.

Petitioner is challenging order dated 19/01/2016, passed by the 3rd Joint Civil Judge, Senior Division, Dhule, below Exhibit-62 in Special Civil Suit No.79/2012, wherein the application is filed by petitioners / original plaintiffs for directions to defendants to give better particulars about the persons to whom the property is sold and to add them as party defendants in the suit, is rejected. 2.

Learned advocate for petitioners submits that after filing of writ petition he has received the details about persons to whom the property is sold. Therefore, he is seeking withdrawal of writ petition with liberty to file fresh application before the Trial Court for adding them as party defendants.

3.

Learned advocate for respondent No.1 opposed the prayer of petitioners to grant such liberty on the ground that in the SVH

2 925-WP-2981-16.odt application Exhibit-62 petitioners have sought direction that the Court should add the persons to whom property is sold, as party defendants, which is not at all maintainable. 4.

Considering the statement made by learned advocate for petitioners that now he is in possession of details of the persons to whom he propose to add as party defendants, the writ petition is disposed of as withdrawn with liberty to file proper application before the Trial Court. However, it is made clear that all the contentions including limitation and maintainability of the application are kept open, to be agitated before the Trial Court. (MANJUSHA DESHPANDE, J.) SVH