Gopalkrushna Dudha Utpadak Sahakari So Amalner And Ros v. Vijayabai Himmatrao Shahane And Others

2025:BHC-AUG:24730 12 CA 9687 OF 2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 12 CIVIL APPLICATION NO. 9687 OF 2025 IN SA/353/2009 GOPALKRUSHNA DUDHA UTPADAK SAHAKARI SO AMALNER AND ROS

VERSUS

VIJAYABAI HIMMATRAO SHAHANE AND OTHERS ...

Advocate for Applicant : Mr. Bhokarikar Madhav M. Advocate for Respondents : Mr. S.P. Shah ...

CORAM

: SHAILESH P. BRAHME, J.

DATE : 15.09.2025 PER COURT :

It reveals from record that respondent no. 1 has created third party interest vide sale-deed dated 14.03.2024 in favour of respondent no. 3 and 4 of this application. Due to principles of lis pendens as such right created would be subject to final outcome of the second appeal. However, to avoid further complication, they are necessary parties. 2.

Second Appeal is admitted and pending for hearing, in which respondent no. 1 is appellant/original plaintiff. The subject matter was purchased by her exclusively vide sale-deed dated 13.06.1974. The role of respondent no. 2 her brother Ashok Gulabrao Vinchurkar (Sonar) is not clear and cannot be said to be necessary party at this juncture. 3.

Civil Application is allowed permitting the applicant to implead the purchasers i.e. respondent nos. 3 and 4 to the second appeal. 4.

The parties shall not create any third party interest. ( SHAILESH P. BRAHME, J.) mkd/- 1/1