Manubai Tukaram Sase Decd Thru Lhr Balaram Tukaram Sase v. M/S. Dattakrupa Construction And ORS

7 WP 15210 of 2024 (oo).doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 15210 OF 2024 Manubai Tukaram Sase (since deceased) Through L. Rs. Balram Tukaram Sase ... Petitioner vs.

M/s. Dattakrupa Constructions and Ors.

... Respondents ***** Mr. Ramakant Paranjpe :- Advocate for Petitioner.

***** CORAM : S. M. MODAK, J.

DATE : 9th DECEMBER 2024 P. C. :- 1.

For the reasons recorded separately which are under typing, following operative order is passed :-

O R D E R

(i) The order dated 20th June 2024 passed by the Court of Civil Judge Senior Division, Kalyan is set aside. (ii) The trial Court is directed to hear the parties and decide the Application filed by the Respondent - Lilabai for impleadment again.

Kishor 1/2

7 WP 15210 of 2024 (oo).doc (iii) The parties are at liberty to make submissions and also to satisfy the Court how they are entitled for impleadment and trial Court to give findings on their prayer considering limited inquiry involved after giving reasoning. (iv) The trial Court is at liberty to hear the parties again whose request is rejected by the trial Court on 20th January 2022. 2.

Writ Petition is disposed of.

[S. M. MODAK, J.] by KISHOR VISHNU KAMBLE Date: 2024.12.17 15:29:43 +0530 KISHOR VISHNU KAMBLE Kishor 2/2