Ganesh S/O Ramkrushnaji Dandekar v. Indubai W/O Suresh Aakare And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY:

NAGPUR BENCH : NAGPUR Civil Application [CAS] No. 896 of 2017 IN Second Appeal No. 411 of 2015 [Ganesh Ramkrushna Dandekar Vs. Sau. Indubai Suresh Akre & another] ______________________________________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Mr. J. K. Matale, Adv., for the applicant.

Mr. G. N. Khanzode, Adv., for appellant.

Mr. N. B. Bargat, Adv., for respondent no.1.

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CORAM

:

A. S. CHANDURKAR, J.

DATE :

15th September, 2017 By this application, it is prayed that the applicant be added as the party to the proceedings as a respondent in view of the fact that he has purchased part of the suit property from the original defendant no.1 as well as the plaintiff. In support of this stand, copies of two sale-deeds and one Correction-Deed are placed on record. It is submitted that any adjudication in favour of the appellant would affect the applicant.

The application is opposed by the original plaintiff-appellant on the ground that separate proceedings can be initiated by the said applicant for adjudicating his rights.

Considering fact that the applicant has purchased

part of the suit property from the plaintiff as well as the defendant no.1, his presence is found necessary in the present proceedings. Any order adverse to the interests of respondent no.1 would affect said applicant. Hence, application is allowed. Applicant be impleaded as respondent no.3 in the Second Appeal. Amendment be carried out within a period of one week from today. Civil Application is disposed of.

Judge ||hedau|