Ankur S/O Dilip Jeswani v. Balwant Parshuram Ghadle And Others

20.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.2974 OF 2024 ANKUR S/O DILIP JESWANI VS BALWANT PARSHURAM GHADLE AND OTHERS ______________________________________________________________________________________________________________________________ Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri M.M. Agnihotri, Advocate for the Petitioner/s

CORAM

: ANIL S. KILOR, J.

DATE : 06.05.2024 1.

Heard.

2.

Issue notice for final disposal to the respondents, returnable on 10.06.2024.

3.

The Petitioner is permitted to serve the respondents by private mode, in addition to the regular mode of service and file an affidavit of service by next date, failing which the petitioner shall deposit costs of Rupees Five Hundred with High Court Legal Services Sub-Committee, Nagpur.

4.

The learned counsel for the petitioner points out that the respondent No.9 is a subsequent purchaser of the land in dispute and therefore, the application was moved under Order I Rule 10 of the Code of Civil Procedure. The said application was rejected by the trial Court.

5.

It is submitted that even the application for interim direction not to create third party was made and the same was also rejected. There is every possibility that the respondent No.9 nd.thawre

20.odt may create third party interest and it would lead multiplicity of proceedings. In the circumstances, He prays for direction to the respondents not to create third party interest. 6.

Considering the submission made by the learned counsel for the petitioner and to avoid multiplicity of proceedings, the respondents are directed not to create any third party interest in respect of the land in question, till next date. 7.

Hamdast is granted.

8.

The Office objections, if any, be removed on or before the returnable date.

[ANIL S. KILOR, J.] Signed by: Mr. Niranjan Thawre Designation: PA To Honourable Judge Date: 06/05/2024 18:00:41 nd.thawre