Sunita Devanand Kahalekar And Another v. Archana Kishanrao Kahalekar And Others

978-WP-2386-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 978 WRIT PETITION NO. 2386 OF 2021 SUNITA W/O DEVANAND KAHALEKAR AND ANOTHER

VERSUS

ARCHANA D/O KISHANRAO KAHALEKAR AND OTHERS ......

Advocate for Petitioners : Mr. Hande Avinash D. .....

CORAM : V. K. JADHAV, J.

DATED : 5TH FEBRUARY, 2021 PER COURT :- 1.

The petitioners are the original defendants in Special Civil Suit No. 101 of 2010 instituted by respondent no.1 for partition and separate possession. The petitionersdefendants filed an application Exhibit 182 for framing of additional issue as to whether the suit is liable to be dismissed because of non-joinder of necessary parties. The trial court has rejected the said application with the following observations:

"In this matter argument of plaintiff has been part heard. Issues were settled in the year 2010. Since then till date of final argument defendant did not move such application. This vre/-

978-WP-2386-2021.odt fact itself shows that the defendant want to delay argument by moving such application at such a belated stage."

In addition to the above, the trial court has also observed that;

"besides it is significant to note that the issue of non-joinder of parties is legal issue which can be framed even at the time of judgment, if found necessary."

2.

In view of the above observations, I find no reason to entertain this Writ Petition. Hence, the Writ Petition is hereby dismissed.

( V. K. JADHAV, J. ) vre/-