Deepali Pravin Paldewar v. Rajendra Nivrattirao Deshmukh And Others

2024:BHC-AUG:19083 WP 8907/24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 920 WRIT PETITION NO. 8907 OF 2024 DEEPALI PRAVIN PALDEWAR ....Petitioner

VERSUS

RAJENDRA NIVRATTIRAO DESHMUKH AND OTHERS .....Respondent .....

Advocate for the Petitioner : Mr. Vivek Vasantrao Bhavthankar AGP for Respondent/State : Mrs. K.R. Jamdhade .....

CORAM

: ARUN R. PEDNEKER, J.

Dated : August 21, 2024 PER COURT :- 1.

Heard the learned counsel for the parties.

2.

Present writ petition is filed by the original plaintiff, challenging the order dated 20.6.2024 on Exh. 20 in R.C.S. No. 236/2024 passed by 2nd Jt. Civil Judge, Senior Division, Nanded, allowing the application filed by third party for adding him as party defendant.

3.

On perusal of the record, it is seen that the said application was allowed by the Trial Court on the ground that since the plaintiff is claiming determination and demarcation of boundaries of the area 1 H. 22 R. land which is located to the western side of lands Gut No. 201 and 202 and as the applicant/third party has purchased the property jointly with the plaintiff by registered sale deed and the third party has specifically denied about the execution of memorandum of understanding and separation of land qua suit

WP 8907/24 property, the Trial Court held that the applicant/third party being the joint owner of the property is necessary party to the suit for the determination and demarcation of boundaries of above area.

4.

Considering the above, I hold that the Trial Court has not committed any error in allowing the application filed for impleadment of the third party as defendant in the suit. No case is made out for interference in the impugned order while exercising writ jurisdiction by this Court. The writ petition is accordingly dismissed.

( ARUN R. PEDNEKER, J. ) ssc/