Pandhari S/O Tukaram Choudhari v. Vishwanath S/O Balaji Nandurkar And Others

12.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO. 3557 OF 2024 PANDHARI S/O TUKARAM CHOUDHARI VERSUS VISHWANATH S/O BALAJI NANDURKAR AND OTHERS ______________________________________________________________________________________________________________________________ Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. Dr. A.H. Jamal, Advocate for the Petitioner/s

CORAM

: ANIL S. KILOR, J.

DATE : 10.09.2024 1.

Heard.

2.

The learned counsel for the petitioner submits that though there was an agreement to sell of the suit property and further though the decree of ownership is claimed by the plaintiff/respondents in relation to the same property, the petitioner has not been made party to the suit and therefore, the application under Order I Rule 10 of the Code of Civil Procedure (CPC) came to be rejected vide impugned order dated 15.07.2023. 3.

Issue notice for final disposal to the respondents, returnable after four weeks.

4.

The Petitioner is permitted to serve the respondents by private mode, in addition to the regular mode of service, including service on the learned lawyer appearing before the trial Court 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.

5.

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

Signed by: Mr. Niranjan Thawre Designation: PA To Honourable Judge Date: 13/09/2024 15:34:26 [ANIL S. KILOR, J.] nd.thawre