Pushpendrakumar Keshrilalji Sharma And Another v. Rajendra Onkarprasad Gautam And Another
15-WP-702-2025
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 702 OF 2025 (Pushpendrakumar Keshrilalji Sharma & Anr. Vs. Mr. Rajendra Onkarprasad Gautam & Anr.) __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.
and Registrar's Orders.
Mr. H.R. Gadhia, Counsel for the petitioners. .....
CORAM : ANIL L. PANSARE, J.
FEBRUARY 10, 2025 Heard.
2] It appears that respondent no.2 issued notice dated 1/3/2023 to respondent no.1 to remove the unauthorized construction. Thereupon, respondent no.1 filed suit for declaration and permanent injunction against respondent no.2 on 16/3/2023.
3] The petitioners, who have allegedly purchased the suit property on 14/10/2022, i.e., prior to filing suit, upon knowing of pendency of the suit, filed application under Order I Rule 10 of the Code of Civil Procedure, 1908, for impleading them as party to the suit. The trial Court, vide impugned order dated 18/4/2024, refused to add them party on the ground that respondent no.1 has sought relief only against respondent no.2 and, therefore, the presence of petitioners will be not necessary.
4] The contention is that if the petitioners are the owners of the suit property, every order that will be
15-WP-702-2025 passed in the suit may cause prejudice to their rights. The petitioners are, therefore, necessary party to the suit. 5] Issue notice to the respondents returnable on 10/3/2025.
6] In the meantime, ad interim relief in terms of prayer Clause (B) is granted, which reads thus : "Pending hearing final disposal of this writ petition, the stay to the proceedings of R.C.S. No. 134/2023, between Rajedra s/o Omkarprasad Gautam and Commissioner AMC be stayed."
(ANIL L. PANSARE, J.) Sumit Signed by: Mr. Sumit Agrawal Designation: PA To Honourable Judge Date: 11/02/2025 16:44:15