Shaikh Dawood Shaikh Ameer v. Shaikh Yaseen Shaikh Ahmed And Others

909-WP-15-2018 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 909 WRIT PETITION NO. 15 OF 2018 SHAIKH DAWOOD SHAIKH AMEER

VERSUS

SHAIKH YASEEN SHAIKH AHMED AND OTHERS .....

Advocate for Petitioner : Mr. Katneshwarkar S. P. .....

CORAM : V. K. JADHAV, J.

DATED : 08th JUNE, 2018 PER COURT:- 1.

Heard.

2.

I find no substance in this Writ Petition. The respondent no.1/plaintiff has specifically pleaded in para 7A of the plaint to the effect that the father of defendant no.12, by playing fraud, got mutated his name to the suit property. It has also been specifically pleaded that subsequently, defendant no.12 by playing fraud and only in order to deprive the plaintiff of his lawful rights, alienated the suit property to defendant nos. 10 and 11 by sale deed bearing no. 2767/2012 and 3120/2014 with correction deeds. The said transaction is fraudulent transfer and

909-WP-15-2018 -2made only in order to defeat and deprive the plaintiff of his lawful rights. In the light of the aforesaid pleadings, the respondent/plaintiff has filed an application-exhibit 68 for addition of parties under Order I Rule 10 of the Code of Civil Procedure for impleading the father of defendant no. 12 as a party to the suit. In the light of the aforesaid pleadings, the father of defendant no.12 i.e. Shaikh Dawood Shaikh Ameer is a necessary party. I do not find any fault in the impugned order passed by the trial court. The Writ Petition is accordingly dismissed. No costs.

( V. K. JADHAV, J.) vre/