Nitin Baburao Vidhate v. Ravindra Champalal Khiwasara And Others

(1) 11980.22WP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 922 WRIT PETITION NO.11980 OF 2022 NITIN BABURAO VIDHATE

VERSUS

RAVINDRA CHAMPALAL KHIWASARA AND OTHERS ...

Mr.A.S. Londhe, Advocate for the Petitioner.

...

CORAM : SANDEEP V. MARNE, J.

DATED : 01st DECEMBER, 2022.

PER COURT:- 1.

The petitioner assails the order dated 12th August, 2021 passed by 11th Joint Civil Judge, Senior Division, Aurangabad rejecting the petitioner's application for impleadment under Order 1 Rule 10(2) of the Code of Civil Procedure on application at Exhibit-19.

2.

The petitioner is son of plaintif no.2. Plaintifs have filed the suit for injunction simplicitor claiming possession over the property. Only because the plaintif no.2 is claimed to be at an advanced age and because the petitioner is son of plaintif no.2, impleadment application was filed. It appears that the petitioner desired his impleadment as a plaintif in the suit. The suit is for injunction based on possession. Mere addition of the petitioner as plaintif would not sufce as he will then have to prove his possession over the property by making necessary averments. Such averments are absent in the plaint. In such circumstances, the application for impleadment has rightly been rejected by

(2) 11980.22WP the trial Court. The petition is devoid of merits and the same is dismissed without order as to costs.

(SANDEEP V. MARNE) JUDGE sga/-