Sameer Shaikh Rahim Shaikh And Another v. Shaikh Badruddin Shaikh Chand Through Lrs Khairunnisabegum Mohamad Shaker And Others

1 CA-ST-27360-2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION (ST.) NO. 27360 OF 2018 IN WRIT PETITION NO. 12148 OF 2015 SAMEER SHAIKH RAHIM SHAIKH AND ANR.

VERSUS

SHAIKH BADRUDDIN SHAIKH CHAND DIED THROUGH LRS. AND OTHERS ...

Mr. S.K. Kadam, Advocate for applicants Mr. S.S. Tope, Advocate for respondents ...

CORAM : SUNIL P. DESHMUKH, J.

DATE : 05-09-2018 ORDER :

1.

Learned counsel Mr. S.K. Kadam tenders across a civil application, seeking addition of applicants, as respondents in writ petition. It appears to be the case of applicants that some interest by deceased - plaintiff had been created in their favour and, therefore, they are seeking their addition in the present writ petition.

2.

It appears that no request as aforesaid thus far, has been made before the trial court. In such a case, it would not be expedient to consider the request in a writ petition arising out of interlocutory orders passed in the suit. The application, therefore, is not entertained and is rejected.

2 CA-ST-27360-2018 3.

However, this rejection would not be an impediment for the applicants to resort to other measures, as would be available in law.

[SUNIL P. DESHMUKH] JUDGE arp/