Shaikh Ismial Shaikh Habib And Another v. Jugalkishor Ramkishanji Jaju And Others

2024:BHC-AUG:7431 (1) 12 CA-3537.2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 12 CIVIL APPLICATION NO. 3537 OF 2024 IN CA/11810/2023 WITH CIVIL APPLICATION NO. 11810 OF 2023 IN CA/2718/2014 SHAIKH ISMIAL SHAIKH HABIB AND OTHERS

VERSUS

JUGALKISHOR RAMKISHANJI JAJU AND OTHERS ...

Mrs. M.A. Kulkarni, Advocate for the applicants. Mr. P.G. Godhamgaonkar, Advocate for the appellant in SA. ...

CORAM : SANDIPKUMAR C. MORE, J.

DATED : 8 APRIL 2024.

ORDER:- 1.

Heard rival submissions.

2.

The applicants want to add respondent Nos. 11 to 14 as mentioned in the application as party to the Civil Application No. 11810 of 2023 filed for breach of injunction order. The learned Counsel for the respondents submits that he has no objection if respondent No. 11 alone is added as respondent in the aforesaid application. The respondent Nos. 12 to 14 are Government Servants who appear to have taken mutation entry while discharging their legal duty. In view of the same, the application is allowed only to the extent of addition of respondent No. 11 in the application for breach of

(2) 12 CA-3537.2024.odt injunction under Order 39 Rule 2 A of C.P.C. i.e. CA NO. 11810 of 2023. The amendment be carried out within stipulated period. On addition, issue notice to respondent No. 11 so added, returnable four weeks thereafter 4.

Civil Application No. 3537 of 2024 is accordingly disposed of.

5.

List another CA No. 11810 of 2023 on 18.06.2024. (SANDIPKUMAR C. MORE, J.) VD_Dhirde