Janya Lala Mavchi v. Bhaurao Aavshya Mavchi And Others

05CA4671.19

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 4671 OF 2019 WITH WRIT PETITION NO. 10431 OF 2018 JANYA LALA MAVCHI

VERSUS

BHAURAO AAVSHYA MAVCHI AND OTHERS Advocate for Applicant : Mr. A.S. Sawant.

Advocate for Respondent No. 1 : Mr. S.V. Natu. Advocate for Respondent Nos. 2-A to 2-E & 3 : Mr. P.V. Barde. CORAM : RAVINDRA V. GHUGE, J.

Dated : 05.04.2019 PER COURT :

1.

By this application, the original petitioner prays for transposing respondent Nos. 2 and 3 as co-petitioners. Shri Barde, learned advocate appearing on behalf of respondent Nos. 2-A to 2-E and 3, consents for such transposition.

2.

Learned advocate for respondent No. 1, though opposes the application, submits that because of the pendency of the petition, he is unable to get the fruits of the decree of the Trial Court, which is in his favour.

3.

Considering the fact that the applicant/original petitioner and deceased respondent Nos. 2 and 3, who were all defendants before the Trial Court, this Civil Application is allowed. Respondent

05CA4671.19 Nos. 2-A to 2-E and 3 shall be added as co-petitioners in the Writ Petition, forthwith. Shri Barde waives service on their behalf in the petition.

4.

By consent of the parties, the Writ Petition be listed for hearing on 25.04.2019.

( RAVINDRA V. GHUGE, J. ) S.P.C.