Ramrao S/O Tanu Bhagat And Others v. Gajanan Kisan Dhule And Others

(1) 29wp1552.23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO. 1552 OF 2023 Ramrao Tanu Bhagat and ors__ Vs. __Gajanan Kisan Dhule and ors --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. G.G.Mishra, Advocate for petitioners CORAM :

AVINASH G. GHAROTE, J.

DATE : 13/03/2023 1] Heard Mr. Mishra, learned counsel for the petitioners.

2] The petition challenges the order dated 30.3.2021, by which the application filed by the petitioners/plaintiffs for impleading one Sheela Amabadas Sangale as defendant no.4 has been rejected.

3] Mr. Mishra, learned counsel for the petitioners submits that the proposed defendant no.4 is a necessary party to the suit, as the suit claims the existence of a road, to approach his land of Gat no. 762 from the eastern boundary of Gat no. 763.

4] A perusal of the village map of village Sungaon tendered across the bar, indicates that the

(2) 29wp1552.23 Gat nos. 762 and 763 are situated back to back and there are independent roads available to approach both the Gat numbers. The Gat no. 762 owned by the petitioners has a direct approach road from the right of the corner where 'dongras' is written in the map, which would clearly indicate that the proposed defendant is neither a proper nor a necessary party to the suit and therefore, there is no reason to interfere in the impugned order. 5] The petition is dismissed. No costs.

JUDGE Rvjalit Digitally sign byRAJESH VASANTRAO JALIT Location: