Tanuja Popat Satpute And Another v. Narhari Chatru Khandagale Since Deceased Thr Lrs Gajarabai Narhari Khandagale

2026:BHC-AUG:10952 wp 883.26.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 907 WRIT PETITION NO. 883 OF 2026 Tanuja Popat Satpute And Another

VERSUS

Narhari Chatru Khandagale Since Deceased Thr Lrs Gajarabai Narhari Khandagale ...

Advocate for Petitioners : Mr. Tekale Nikhil S Advocate for Respondents : Mr. G.J. Kore For R.no 1a To 1f. ...

WITH WRIT PETITION NO. 926 OF 2026 ...

CORAM : S. G. CHAPALGAONKAR, J.

Dated : March 12, 2026 PER COURT :- 1.

The petitioners in both these writ petitions impugns the order dated 6.1.2026 passed by learned Civil Judge S.D., Bhoom below Exhibit-151 in RCS No.1306 of 2025 and Exhibit-152 in RCS No.1305 of 2025.

2.

The petitioners filed an application for impleadment in the pending suit. By impugned order, learned trial court summarily rejected the application. Perusal of the order indicates that application is decided without hearing the parties. Secondly, no reasons are recorded for rejection of the application. In case a party seeks impleadment in suit invoking

wp 883.26.odt the provisions of Order 1 Rule 10 of the CPC, it is obligatory on the part of trial court to examine merits of contentions and acceptability of prayers in light of parameters set for impleadment of necessary parties. This Court finds that the order sans reasons for rejection. It is therefore, necessary to quash and set aside the impugned order and relegated the matter back for reconsideration of the trial court. 3.

In result, writ petitions are allowed in terms of prayer clause 'A'. The learned trial court shall re-consider the application for impleadment, after hearing the parties and pass reasoned order thereon.

( S. G. CHAPALGAONKAR, J. ) ...

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