Shakuntala Dagdu Mitke v. Baburao Ganpati Thakre (Decd) Through Lrs And ORS

wp­2328­15­(22)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2328 OF 2015 Shakuntala Dagdu Mitke ..Petitioner Vs.

Baburao Ganpati Thakre & Ors ..Respondents Mr. Kedar Lad i/b Mr. Rushikesh Patil for the Petitioner CORAM :

R. M. SAVANT, J.

DATE :

10th MARCH, 2015 P.C.

The Writ Jurisdiction of this Court is invoked against the order dated 12­2­2014 passed by the Learned Civil Judge Junior Division, Panvel, by which order, the application Exhibit 70 filed by the Plaintiff for impleadment of 50 parties as party Defendants to the Suit came to be rejected. The rejection is on the ground that the factum of rights being created in favour of the said parties was brought on record by the Defendants in their Written Statement which was filed on 27­9­2005, however the instant application was filed in the year 2014. The Suit is of the year 2005 and is at the stage of recording of evidence of the Defendants. In my view, having regard to the reasons mentioned in the impugned order as also considering the stage at which the Suit is at present, no interference in the Writ Jurisdiction of this Court is made out. The Writ Petition is accordingly dismissed. [R.M.SAVANT, J] mmj