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Bombay High CourtWP/5825/2025dismissed

Jeshth Nagrik Sangh Panvel Thr Its Authorised v. Panvel Municipal Corporation Panvel And ANR

2025-04-30Hon'Ble Shri Justice N. J. Jamadar2 pages

906 wp 5825 of 2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5825 OF 2025 Jeshth Nagrik Sangh Panvel ...

Petitioner versus Panvel Municipal Corporation and Anr.

...

Respondent Mr. Uzair Z. Kazi i/by YMK Legal, for Petitioner. CORAM: N.J.JAMADAR, J.

DATE :

30 APRIL 2025 P.C.

1.

Heard the learned Counsel for the Petitioner. 2.

The challenge in this Petition is to an order dated 21 February 2025 passed by the learned District Judge, Panvel, whereby while dismissing the application of the Respondent No.2 to implead him as a party to Regular Civil Appeal No.34 of 2024, the learned District Judge has permitted the said Respondent No.2 to place on record written notes of arguments in the said appeal.

3.

An arguable question as to whether the Appellate Court could have permitted a party to participate in the appeal despite dismissing an application for impleadment, by recording a finding that such a party was neither a necessary nor proper party, arises for consideration. 4.

Issue notice to the Respondents for final disposal, returnable on 25 June 2025.

SSP 1/2

906 wp 5825 of 2025.doc 5.

In addition to notice through Court, the Petitioner is at liberty to serve the Respondents by private service and file an affidavit of service. 6.

In the meanwhile, clause (2) of the impugned order dated 21 February 2025 passed by the learned District Judge, Panvel, shall stand stayed. ( N.J.JAMADAR, J. ) SSP 2/2 Signed by: S.S.Phadke Designation: PS To Honourable Judge Date: 02/05/2025 09:54:55