Shetkari Sahakari Sangh Limited, Jalgaon v. Ramesh @ Ramchandra More (Gurav)

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.9548 OF 2014 Shetkari Sahakari Sangh Limited, Pachora PETITIONER

VERSUS

Ramesh @ Ramchandra More (Gurav) RESPONDENT .......

Mr. B. R. Warmaa, Advocate for the petitioner .......

[CORAM : SUNIL P. DESHMUKH, J.] DATE : 7 th OCTOBER, 2015 ORDER :

1.

Heard learned advocate for the petitioner. Perused the impugned order.

2.

It appears that regular civil suit No.6 of 2004 had been filed by the respondent against the present petitioner in the court of civil judge, junior division, Pachora for injunction in respect of property bearing survey No.6 admeasuring 4 Acre 18 gunthas, situated at Pachora.

3.

In said suit, the petitioner had moved an application Exhibit-115 stating that persons referred to in the application also have stake in the suit property and in such a case, they be impleaded as party defendants.

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The trial court, while deciding the application has considered that suit can be prosecuted by one of the co-owners and as such, other co-owners may not be necessary parties. Looking at the subject matter involved in the suit, the trial court considered that impleading all the persons referred to in the application as party defendants, would not be necessary for complete and effective adjudication.

5.

Looking at the subject matter of the suit, the decision impugned can hardly be faulted with, particularly under writ jurisdiction of this court. Writ petition, as such, is not being entertained and is rejected.

[SUNIL P. DESHMUKH, J.] drp/wp9548-14