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Bombay High CourtCA/2730/2020admittedallowedgrantedrule absolute

Sarjubai Devkisan Somani (Died) Lrs Ramprasad And Others v. Vijay Keshavrao Thokal And Others

2021-02-18Hon'Ble Smt. Justice Vibha Kankanwadi2 pages

931-ca-2730-2020.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 931 CIVIL APPLICATION NO.2730 OF 2020 IN SA/101/2020 WITH CA/2731/2020 IN SA/101/2020 SARJUBAI DEVKISAN SOMANI (DIED) LRS RAMPRASAD AND OTHERS

VERSUS

VIJAY KESHAVRAO THOKAL AND OTHERS ...

Advocate for Applicants : Mr. Navandar Mehul Vikas Advocate for Respondent No.1 : Mr. V.B. Kale ...

CORAM : SMT. VIBHA KANKANWADI, J.

DATED : 18th February, 2021 PER COURT:- .

Heard both the sides.

2.

Special Civil Suit No.36 of 2004 was fled on 27.02.2004. Now, the applicants contend that the suit property has been sold by respondent no.1 to proposed respondents nos.4 and 5 on 30.08.2018. They have fled the 7/12 extract to support the said contention. Under such circumstance, when the interest of proposed respondents is created in the suit property, they are defnitely required to be added as party. They would be then the necessary parties to the proceeding and therefore, Civil Application No.2730 of 2020 stands allowed and disposed of. Necessary amendment be carried out.

931-ca-2730-2020.odt (2) 3.

Place other applications and the main matter for further consideration on 22.03.2021.

(SMT. VIBHA KANKANWADI, J.) Mujaheed//