Dattatraya Padmakar Sadafal v. Sudhakar Raghunath Waghmare And Others

wp2800.14 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.2800 OF 2014 Dattatraya s/o Padmakar Sadafal ..PETITIONER

VERSUS

Sudhakar s/o Raghunath Waghmare and ors.

..RESPONDENTS Mr S.S. Chapalgaonkar, Advocate for petitioner; Mrs Seema Pawar, Advocate holding for Mr A.G. Talhar, Advocate for respondent no.10 CORAM : N.W. SAMBRE, J.

DATE : 23rd November, 2015 ORAL ORDER :

The application of the petitioner, who is admittedly a tenant, for impleadment as a party to Regular Civil Suit No.209 of 2010, which is for partition, is rejected. Thus, the present petition. 2.

Upon hearing the parties, in my opinion, the order passed by the learned Trial Court, rejecting the application Exh.56, does not call for any interference, in extraordinary jurisdiction of this Court, as the petitioner - a tenant inducted by registered deed, cannot be evicted without following due process of law. Thus, the writ petition stands dismissed. (N.W. SAMBRE, J.) amj