Bombay High CourtWP/2536/2021allowed

Abhijit S/O. Pandurang Alsi v. Vijay S/O. Shridhar Alsi And Others

2023-02-16Hon'Ble Shri Justice Avinash G. Gharote2 pages

(1) 34wp2536.21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO. 2536 OF 2021 Abhijit Pandurang Alsi __ Vs. ___Vijay Shridhar Alsi 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.S.S.Sohoni, Advocate for petitioner Mr. A.R.Deshpande, Advocate for Respondent No.1 Mr. Kartik Rao, Advocate h/f Mr. G.K.Sarde, Advocate for Respondent Nos.2 & 3 Ms. A.S.Athalye, Advocate for Respondent Nos. 4 to 6 [ CORAM :

AVINASH G. GHAROTE, J.

DATE : 16/02/2023 1] The petition challenges the order dated 22.1.2021 below Exh.256, by which the application filed by the petitioner/plaintiff under Order 23 Rule 1 of CPC to delete the Defendant nos. 4 and 5 from the array of defendants has been rejected.

2] The petition is opposed by Mr. Deshpande, learned counsel for respondent no.1 contending that on an earlier occasion when the addition of the defendant nos. 4 and 5 was opposed by Writ Petition No.1693/2017, the same was opposed, as a result of which the petition came to be dismissed and therefore, costs may be imposed.

3] Mr. Sohoni, learned counsel for the petitioner upon instructions is agreeable to pay costs of Rs.5,000/-, accepting which statement, since the plaintiff is a dominus litis and does not reserve any right

(2) 34wp2536.21 nor seeks a liberty, but seeks simplicitor deletion of defendant nos. 4 and 5, the impugned order is hereby quashed and set aside and the application below Exh.256 is allowed, at the risk and consequences of the petitioner/plaintiff, however, subject to costs of Rs.5,000/- to be paid to respondent no.1 within a period of one week. The cost be deposited before the learned trial Court.

4] The petition is allowed in above terms.

JUDGE Rvjalit Digitally sign byRAJESH VASANTRAO JALIT Location: