Sagar Jaikumar Gondse v. Gram Panchayat Nandpur Thr. Secretary, Arvi, Wardha And Others

908. WP 323 of 2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.323/2023 Sagar Jaikumar Gondse ...Versus...

Gram Panchyat Nandpur Through its Secretary, Tq. Arvi, District Wardha and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Shri A.M. Chandekar, Advocate for petitioner CORAM : AVINASH G. GHAROTE, J.

DATE : 07/02/2023 1.

The petition challenges the order dated 05/11/2022 passed below Exh.26, whereby the defendant no.12 has been permitted to be added as party to the suit. 2.

Though it is contended that no relief has been claimed against the defendant no.12/respondent no.12, it is not disputed that the respondent no.2, who is the mother of the respondent no.12 had sold the property in question to the petitioner/plaintiff, in which, the respondent no.12 is claiming a right on account of it being an ancestral property. The addition of respondent no.12 therefore, would clearly avoid any multiplicity of litigation, as any plea raised by him, can be considered and decided in the suit, which is pending before the

908. WP 323 of 2023.odt Trial Court itself, considering which, I am not inclined to interfere in the impugned order. The writ petition is, therefore, dismissed. No order as to costs.

(AVINASH G. GHAROTE, J.) Wadkar SUKHADEORAO WADKAR