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Bombay High CourtCA/11560/2018disposed offdismissed for default

Abdul Ajij Abdul Rashid And Others v. Bhaurao Sakharam Malusare And Another

2018-09-18Hon'Ble Shri Justice V.L. Achliya2 pages

29-CA-11560-2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 29 CIVIL APPLICATION NO. 11560 OF 2018 IN SAST/11219/2017 ABDUL AJIJ ABDUL RASHID AND OTHERS

VERSUS

BHAURAO SAKHARAM MALUSARE AND ANOTHER ...

Advocate for Applicants : Mr. Deshmukh Ravindra M. Advocate for Respondent Nos. 1 and 2 : Mr. S. O. Hiwrekar ....

CORAM : V.L. ACHLIYA, J.

DATED : 18th SEPTEMBER, 2018 PER COURT:- 1.

The applicants have moved this application to add Vimalbai Radhakisan Davane as a party respondent no.3 in Second Appeal (Stamp) No. 11219/2017 for the reasons set out in detail in the application.

2.

In a nutshell, it is the contention of the learned counsel for the applicant that the appellants and respondents are referred to the mediator for exploring the possibility of mutual settlement. The parties have agreed to settle the matter amicably. In order to settle the matter, it is necessary to make Vimalbai Radhakisan Davane as a necessary party to resolve the dispute. 3.

Learned counsel for the respondents have no objection to allow the application in terms of prayer clause 'B'.

29-CA-11560-2018 4.

In view of the submissions made and the reasons set out in the application, the application is allowed in terms of prayer clause 'B'. Necessary substitution be carried out forthwith. 5.

The civil Application is disposed of in above terms. ( V.L. ACHLIYA ) JUDGE SPR