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Bombay High CourtIA/38694/2025disposed off

Nisharam Bodhi Yadav v. Shivchandra Banwarilal Yadav And ORS.

2025-12-22Hon'Ble Shri Justice Jitendra Shantilal Jain2 pages

7-FA-1192-18.doc rsk

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.1192 OF 2018 Mr.Banwarilal Bodhi Yadav Through His Constituted Attorney And Son Shivchandra Banwarilal Yadha ... Appellant

Versus

Mr.Kaluram Bodhi Yadav And Ors.

...Respondents

WITH INTERIM APPLICATION NO.38694 OF 2025 IN FIRST APPEAL NO.1192 OF 2018 Nisharam Bodhi Yadav ...Applicant

Versus

Shivchandra Banwarilal Yadav And Ors.

...Respondents

WITH INTERIM APPLICATION NO.8621 OF 2025 WITH INTERIM APPLICATION NO.3770 OF 2020 WITH INTERIM APPLICATION NO.2306 OF 2020 WITH INTERIM APPLICATION NO.1263 OF 2020 WITH CIVIL APPLICATION NO.1525 OF 2018 IN FIRST APPEAL NO.1192 OF 2018 _____________________________________________________ Digitally signed by RAJESHWARI SUBODH KARVE Date:

2025.12.22 16:31:48 +0530 RAJESHWARI SUBODH KARVE Mr. Amey Sawant for respondent in IA No.38694 of 2025. Mr. U. L. Shah, for Respondent No.2.

_____________________________________________________

7-FA-1192-18.doc CORAM :

JITENDRA JAIN, J.

DATED :

22 DECEMBER 2025 P.C.:

INTERIM APPLICATION NO.38694 OF 2025 1.

This Application is taken out by original plaintiff No.2 to make the developer, a party to the present proceedings. Learned counsel for the original plaintiff No.2 undertakes to file affidavit of service, of the present Interim Application on the developer, latest by 24 December 2025.

2.

In my view the proposed party is a necessary party for adjudicating the present appeal. Therefore, for the reasons stated in the Interim Application, IA is allowed in terms of prayer clause (c). 3.

The Court Receiver to submit report to the Court as to whether the shop premises referred to in prayer clause (c) is ready or is under construction.

FIRST APPEAL NO.1192 OF 2018 & OTHER INTERIM/CIVIL APPLICATIONS.

4.

List this matter on 27 January 2026.

[ JITENDRA JAIN, J. ]