Sharyu Murlidhar Nemade And ORS. v. Chhabildas Tukaram Khadake And ORS.

2023:BHC-AUG:26754 49-CA-5358-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 5358 OF 2023 IN SECOND APPEAL NO. 872 OF 2009 SHARYU MURLIDHAR NEMADE AND OTHERS

VERSUS

CHHABILDAS TUKARAM KHADAKE AND OTHERS Advocate for Applicants : Mr. G. S. Rane;

Advocate for Respondent No.1 : Mr. L. V. Sangit; Advocate for Respondents No.6A to 6D, 7A to 7C : Mr. S. H. Tripathi CORAM :

S. G. MEHARE, J.

DATE :

14-12-2023 PER COURT :- 1.

Heard the learned respective counsels for appearing parties. 2.

This is an application for adding subsequent purchasers as parties to the suit.

3.

Admittedly, the suit property was sold during pendency of the second appeal. The applicant's rights have been protected under Section 52 of the Transfer of Property Act. Hence, adding subsequent purchasers as parties is unnecessary. This Court did not satisfy that their appearance in the second appeal is essential. Hence, the civil application stands dismissed. ( S. G. MEHARE ) JUDGE rrd