Ashok Mankar And ANR v. Siddhivinayak Sai Developers

by LAXMIKANT GOPAL CHANDAN Date:

2024.07.02 11:07:12 +0530 LAXMIKANT GOPAL CHANDAN lgc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 9809 OF 2024 IN WRIT PETITION NO. 74 OF 2020 WITH WRIT PETITION NO.74 OF 2020 Ashok Mankar & Anr.

...Applicants In the matter between Siddhivinayak Sai Developers Through its Partners

...Petitioners

Versus

Lonavala Municipal Council, Lonavala Through its Chief Officer

...Respondent

Mr Prabhakar M Jadhav, for the Applicants.

Ms Manjiri Parasnis, for the original Petitioners. Mr Anirudha A Garge, for the Respondent- Lonavala Municipal Council.

CORAM

M.S. Sonak & Kamal Khata, JJ.

DATED:

PC:- INTERIM APPLICATION NO.9809 OF 2024:- 1.

Heard learned counsel for the parties

2.

On perusing the averments in the Interim Application we find that the Applicants are necessary parties in the Writ Petition. 3.

The Applicants were impleaded as parties in the suit instituted by the Petitioner and the Petitioner in which the consent terms were drawn up.

4.

Now the Petitioner's allegation is that, the consent terms are not being complied with. Such an issue cannot be decided in the absence of the Applicants.

5.

Interim Application No.9809 of 2024 is disposed of by directing the Petitioner in the original Petition to implead the Applicants as Respondent Nos. 2 and 3.

6.

Amendment to be carried out by 8th July 2024. 7.

Reverification is dispensed with 8.

Interim Application No. 9809 of 2024 is disposed of. 9.

WRIT PETITION NO.74 OF 2020:- 10.

Advocate Mr.Jadhav appears for the newly impleaded Respondent Nos. 2 and 3 and waives service of notice. He states that Respondent Nos.2 and 3 will file and serve their reply on or before 15th July 2024.

11.

List the matter on 7th August 2024.

12.

Interim order granted earlier to operate till next date. (Kamal Khata, J) (M.S. Sonak, J)