M/S. Nath Fileds Llp Through Pradeep Pimparkar v. Shri. Bhagatsingh Chattusing Chavan

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1525 OF 2019 IN WRIT PETITION NO. 4463 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's Orders Mr. Prasad G. Keluskar i/b. Drupad S. Patil, for the Applicant.

Mr. S. B. Kalel, AGP for the Respondent Nos.1 to 3.

Mr. Deendayal G. Dhanure, for the Respondent No.4.

__________

CORAM

: K. K. TATED & SARANG V. KOTWAL, JJ.

DATED : 13th November, 2019.

P. C. :

1.

Not on board. Taken on board.

2.

Heard learned counsel for the parties.

3.

By this Civil Application the applicant is seeking permission to join them as party Petitioner No.2 in the present Writ Petition No.4463 of 2010.

3.

Advocate Mr. Prasad Keluskar, who is 1/3

appearing in this Civil Application is also appearing for the petitioner in W.P.No.4463 of 2010. He submits that the applicants are the subsequent purchaser of the land, as such, they are also necessary party to this writ petition.

4.

Considering the submissions made by the learned counsel for the applicant and averments made in this Civil Application, we are satisfied that, the applicant has made out a case for allowing this Civil Application.

5.

Hence, the following order.

a) Civil Application is allowed in terms of prayer clause (a) and (b); which reads thus:

a) This Hon'ble Court be pleased to allow the present Civil Application and be pleased to direct the Petitioner to implead the Applicant herein as party Petitioner No.2 in Writ Petition No.4463 of 2010.

b) The Applicant after being impleaded as Petitioner No.2 be permitted to amend Writ Petition No.4463 of 2010 in 2/3

terms of the Schedule of Amendment being Exhibit-E to this Application.

b) Amendment to be carried out on or before 07/12/2019, failing which the Civil Application shall stand dismissed without referring back to the Court.

c) If the amendment is carried out within stipulated time as stated above, the applicant is directed to serve amended copy of the Writ Petition to other side immediately thereafter.

d) Liberty granted to the respondents, if they so desire, to file Additional Affidavit in reply, if any, to the amended Writ Petition with copy to other side.

e) Civil Application stands disposed of accordingly. No order as to costs.

(K.K.TATED, J.) (SARANG V. KOTWAL, J.) ----- 3/3