Santosh Shankar Lad And ORS v. Prakash Hari Parkar Thru Poah Pravin Suhas Aalwe And ORS

30-wp2566-2019.doc VRJ

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2566 OF 2019 Santosh Shankar Lad & Ors.

... Petitioners V/s.

Prakash Hari Parkar & Ors.

... Respondents VAIBHAV RAMESH JADHAV VAIBHAV RAMESH JADHAV Date: 2024.12.12 17:05:37 +0530 Ms. Preeti Walimbe i/by Mr. Bhushan Walimbe for the petitioners.

CORAM

: AMIT BORKAR, J.

DATED : DECEMBER 12, 2024 P.C.:

1.

The Trial Court, by the impugned order, has allowed the plaintiffs' application to add defendant Nos.35 to 69 as defendants in the suit for partition. According to the petitioners, once they are deleted they could not be added thereafter. However, on perusal of the application, it appears that the averment in the application is that they are either subsequent purchasers or the persons having direct interest in the suit property. Hence, the Trial Court was within its rights to allow the application of the plaintiffs. However, it is made clear that mere pendency of the suit shall not affect the petitioners' right in absence of order of injunction passed by the Trial Court. With this clarification, the writ petition is disposed of. 2.

Pending interlocutory application(s), if any, stand disposed of.

(AMIT BORKAR, J.)