Abdul Aleem Abdul Gani Kureshi Soudagar v. Amit Ashok Ajmera And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 17 WRIT PETITION NO. 13831 OF 2024 Abdul Aleem Abdul Gani Kureshi Soudagar ....Petitioner

VERSUS

Amit Ashok Ajmera & others .....Respondents .....

Mr. A. S. Kulkarni, Advocate for the Petitioner. Mr. B. A. Shinde, AGP for the State.

CORAM : R. M. JOSHI, J.

DATE : 20th JANUARY, 2025.

PER COURT :

1.

Heard.

2.

Petitioner/original Plaintiff in Regular Civil Suit No. 39/2016 takes exception to order passed below Exhibit 118 filed by the contesting Respondents whereby their application for joining them as Defendants came to be allowed.

3.

There is no dispute about the fact that Plaintiff in his suit itself has specifically pleaded about the part of the suit property being originally owned by the great grant father of the contesting Respondents. It is also pleaded in the plaint that the said great

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Once Respondents have some interest in the suit property, in their absence, the suit cannot be decided. As such, this Court finds no perversity in the order joining them as party. 5.

In view of above, petition stands dismissed.

6.

Learned counsel for Petitioner seeks expeditious disposal of the suit.

7.

The suit is 9 years old. Hence Trial Court is directed to expedite the suit and in any case, decide the same finally on merit within a period of a year.

( R. M. JOSHI) Judge dyb