Anil Shankar Badave v. Sopan Deorao Chole And ANR.

231 wp-1242-2009.doc BDP-SPS-TAC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BHARAT DASHARATH PANDIT CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1242 OF 2009 by BHARAT DASHARATH PANDIT Date: 2022.03.14 17:39:10 +0530 Anil Shankar Badave .... Petitioner.

V/s Sopan Deorao Chole and Others .... Respondents.

Mr. Ajay A. Joshi for the Petitioner.

Ms. Mrunmayi Khambete for Respondent No.1.

Mr. P.B. Shah for Respondent No.2.

CORAM: NITIN W. SAMBRE, J.

DATE: MARCH 10, 2022 P.C.:- 1] Special Civil Suit No.51 of 2004 was initiated by Respondent No.1 for declaration of ownership by virtue of Will executed on 17th June, 2002, possession of the suit property and mesne profit. I am informed that during pendency of suit, Defendant No.1 expired. Application Exhibit-56 was taken out by third party under Order-I Rule 10 sub-rule (2) of the Civil Procedure Code for impleadment on the ground that he is in possession of the suit property. 2] Prayer for impleadment is rejected vide impugned order dated 12/09/2008.

3] Heard respective Counsels for the parties.

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231 wp-1242-2009.doc 4] Respondent No.1/Plaintiff has supported the case of third party for interim relief as the third party has interest in the suit property. Parties are at ad idem that Application-Exhibit-56 can be granted. 5] That being so, order impugned passed below Exhibit-56 is quashed and set aside. Application-Exhibit-56 stands allowed. ( NITIN W. SAMBRE, J. ) 2/2