Mathurabai Maroti Doranale And Others v. Venkatrao @ Anand Hanmantrao Shrirame And Others

*1* kps

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.1374/2014 IN SA/812/2008 MATHURABAI MAROTI DORNALE AND OTHERS.

VERSUS

VENKATRAO @ ANAND HANMANTRAO SHRIRAME AND OTHERS. Mr.M.V.Deshpande, Advocate for the Applicants/ Appellants. Mr.M.D.Narwadkar h/f Mr.S.V.Kurundkar, Advocate for the Respondent No.1.

Mr.S.A.Nagarsoge, Advocate for the Respondent Nos.2 to 5. ...........

CORAM: RAVINDRA V. GHUGE, J.

DATE :- 26th March, 2015 Per Court:

The Applicant Nos.1 to 5 in this Civil Application are the original Defendant Nos.5 to 9 and the Applicant Nos.6 to 8 are the proposed Appellants.

Mr.Deshpande, learned Advocate appearing for the Applicants, submits that the Applicant Nos.6, 7 and 8 deserve to be added as Appellants since they have purchased the land from the Appellant Nos.3 to 5 during the pendency of the Second Appeal before this Court.

*2* Mr.Deshpande further submits that Civil Application No.1375/2014 preferred by the original Plaintiff and the Respondent No.1 in the Second Appeal is pending wherein, the Respondent No.1 has sought interim orders in the nature of injunction. He, therefore, submits that it would be in the interest of these pending proceedings and the litigating sides that the Applicant Nos.6 to 8 are brought on record. Mr.Kurundkar and Mr.Nagarsoge, learned Advocates appearing for the Respondents have opposed this application. For the reasons set out in the application and without prejudice to the rights of the respective parties in this litigation, this Civil Application is allowed. The Applicants shall take steps within a period of TWO WEEKS from today to bring on record the Applicant Nos.6, 7 and 8 as the Appellant Nos.6, 7 and 8 in the Second Appeal. (RAVINDRA V. GHUGE, J.)

*3*

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.1375/2014 IN SA/812/2008 VENKATRAO @ ANAND HANMANTRAO SHRIRAME.

VERSUS

SARUBAI HANMANTRAO SHRIRAME AND OTHERS.

Mr.M.D.Narwadkar h/f Mr.S.V.Kurundkar, Advocate for the Applicant. Mr.S.A.Nagarsoge, Advocate for the Respondent Nos.1 to 4. Mr.M.V.Deshpande, Advocate for the Respondent Nos.5 to 9/ Appellants. ...........

CORAM: RAVINDRA V. GHUGE, J.

DATE :- 26th March, 2015 Per Court:

The Applicant makes an oral request for adding the Appellant Nos.6, 7 and 8, who have been added in the Second Appeal by an order passed today in Civil Application No.1374/2014, as Non-Applicants/ Respondents Nos.11, 12 and 13 to this Civil Application. The learned Advocate for the Respondents have no objection. As such, the Applicants shall carry out the additions within a period of TWO WEEKS from today.

*4* Pursuant to the addition of the Non-Applicants/ Respondent Nos.11, 12 and 13, the notices be issued to the said Respondents returnable on 20.04.2015.

Mr.M.V.Deshpande, learned Advocate waives service for the newly added Respondents/ Non-Applicants.

(RAVINDRA V. GHUGE, J.)