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Bombay High CourtCA/9750/2025disposed off

Kishansingh Rautsingh Thakur L.Rs. Shamsingh And Another v. Goroba Sitaram Sul. And ORS.

2025-10-16Hon'Ble Shri Justice Shailesh P. Brahme2 pages

2025:BHC-AUG:29542 1 19 ca 9750.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 9750 OF 2025 IN SECOND APPEAL NO. 35 OF 2003 Kishansingh Rautsingh Thakur Since deceased through L.Rs.

Shamsingh and another .. Applicants

Versus

Goroba Sitaram Sul and others .. Respondents Shri Chandrakant K. Shinde, Advocate for the Applicants. Shri V. D. Gunale, Advocate for the Respondent Nos. 1 to 4. CORAM : SHAILESH P. BRAHME, J.

DATE : 16TH OCTOBER, 2025.

FINAL ORDER :

.

Application is for impleading the respondent No. 6 as party respondent in the second appeal.

2.

It is contended that he is the purchaser vide sale deed dated 21.04.2009 executed by heirs of the deceased respondent No. 1. The alienation has taken place long back. The same is subject to outcome and result of the second appeal. 3.

There is already statutory protection as contemplated by Sec. 52 of the Transfer of Property Act. Any further alienation or development shall be subject to decision of the second appeal.

2 19 ca 9750.25 4.

If the matter is made ready, this Court is ready to hear the second appeal itself finally. In that view of the matter, presently, it is not necessary to permit the applicants to implead the purchaser/respondent No. 6. The civil application is disposed of. [ SHAILESH P. BRAHME J. ] bsb/Oct. 25