Suresh Shankarrao Gangji v. Jayshri Marlidhar Gavai And ORS

29-cwp-5665-22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5665 OF 2022 Suresh S. Gangji

...Petitioner

Versus

Jayshri M. Gavai & Ors

...Respondents

Mr. Hrishikesh S. Shinde or the Petitioner.

Mr. Samir A. Kumbhakoni for the Respondent.

CO RAM :

N. R. BORKAR, J.

DATE :

4 SEPTEMBER 2023.

PC:- 1.

In a Suit fied by the respondents/iandiords for eviction and possession, the petitioner herein, who is defendant in the said Suit fied an appiication Under Order 1 Ruie 10 of the Code of Civii Procedure that his mother and sister are necessary parties to the Suit as his father was originai tenant and after his demise they aii became tenant.

2.

By the order impugned, the iearned triai Court rejected the said appiication.

3.

Instead of taking the defense of non-joinder of necessary parties, the petitioner appears to have fied whoiiy misconceived appiication under Order 1 Ruie 10 of the CPC. Therefore, no interference is caiied for in the impugned Order. The Petition is dismissed.

(N. R. BORKAR,J.) Dinesh S. Sheria 1/1