Indira Pawanrao Solunke v. Vivek Prabhakar Ghongade Patil And Another

2025:BHC-AUG:23352

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 915 WRIT PETITION NO. 10234 OF 2025 INDIRA PAWANRAO SOLUNKE

VERSUS

VIVEK PRABHAKAR GHONGADE PATIL AND ANOTHER ...

Advocate for the Petitioner : Mr. Pahilwan Gautam J. ...

CORAM

: ARUN R. PEDNEKER, J.

Dated : August 26, 2025 PER COURT :- 1.

Heard the learned counsel for the petitioner. 2.

By the present writ petitioner, the petitioner challenges the impugned order dated 11.6.2025 below Exh. 45 in RCS No. 25/20214 passed by the learned Civil Judge, Junior Division, Sengaon by which the application filed by the petitioner to implead her as party respondent is rejected. The trial court has held that the applicant/petitioner is not necessary party to adjudicate the issues involved in the suit, which is filed for challenging the sale deed dated 19.4.2011, asking the possession of the suit property.

3.

Considering the above, it appears that the suit is not for partition and the civil court has observed that if the applicant/petitioner has any independent right by virtue of inheritance, the petitioner has liberty to file suit for partition. I see no error in the judgment. The petitioner has an independent right to file civil suit. The writ petition is disposed of accordingly.

( ARUN R. PEDNEKER, J. ) ssc/