Shivaji Yadava Phopse And Others v. The Grampanchayat Karyalaya Gondegaon Through Sarpanch And Others

922.WP.5616.2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 5616 OF 2024 Shivaji Yadava Phopse and Others

...Petitioners

Versus

The Grampanchayat Karyalaya Gondegaon Through Sarpanch and Others

...Respondents

***  Mr. Shaikh Ashraf Patel, Advocate for the Petitioners.  Mr. A. P. Palne, Advocate for Respondent No.1.  Mr. Jagtap Adinath B., Advocate for Respondent No.3. *** CORAM : AJIT B. KADETHANKAR, J.

DATE : MARCH 06, 2026 P. C. :

1.

An application filed by the present petitioners before the learned Joint Civil Judge, Senior Division, Shrirampur in Special Civil Suit No.09 of 2023, for being impleaded as party in the suit came to be rejected vide order dated 12th January 2024. After recording reasons to reject the application, the learned Trial Court observed that the application was filed in collusion with the defendants. Accordingly, costs of 10,000/- were imposed by the learned Trial Court on the ₹ present petitioners, and in default of failure to pay the costs, on the defendants.

2.

As against the order dated 12th January 2024 passed by the Shrikant Malani

922.WP.5616.2024.doc learned Joint Civil Judge Senior Division, Shrirampur, the petitioners have preferred this writ petition. Vide order dated 11th July 2024, this Court clarified that the pendency of this writ petition shall not amount to stay to any connected proceedings. Needless to mention, the trial proceedings are also not stayed by this Court. 3.

The learned counsel for the original plaintiff submits that the suit is in progress and even the partial evidence is also completed. 4.

At the request of learned counsel for the petitioner, stand over to 27th March 2026.

( AJIT B. KADETHANKAR, J. ) Shrikant Malani