Dr. Atul Narayanrao Chandramore v. Vanita Mahdavrao Bhalerao

2026:BHC-AUG:17657 939-WP-4398-2026.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 4398 OF 2026 Dr. Atul Narayanrao Chandramore

VERSUS

Vanita Mahdavrao Bhalerao ...

Mr. I. D. Maniyar, Advocate for the Petitioner Mr. S. D. Ghayal, AGP for Respondents *** CORAM : S. G. CHAPALGAONKAR, J DATE : APRIL 22, 2026 PC :

1.

The present Writ Petition takes exception to order dated 30.08.2025 passed below Exhibit 44 in Special Civil Suit No. 214/2024 by learned Civil Judge, Senior Division, Nanded, whereby Petitioner's Application for adding third party purchaser as party in suit has been rejected. 2.

The Petitioner/Original Plaintiff has filed suit seeking specific performance of contract on basis of agreement to sale dated 03.01.2024 in respect of suit property bearing Gut No. 91, Plot No. 16 to extent of 50x47 ft. During pendency of suit, Defendant transferred suit property under registered sale deed dated 23.05.2025 in favour of third person. In this backdrop, Petitioner filed an application below Exhibit 44 seeking impleadment of purchaser as party Defendant. Trial Court refused to entertain application for reason that Petitioner has not claimed any relief against purchaser in suit and except application for impleadment of party, no relief is claimed in application.

939-WP-4398-2026.odt 3.

Considering observations of Trial Court, this Court finds no fault in impugned order. However, in case Petitioner wants to bring on record subsequent sale deed executed in favour of third party and seeks relief in respect of sale deed by way of amendment, he would be entitled to seek impleadment of third party purchaser.

4.

In that view of matter, keeping liberty in favour of Petitioner to make comprehensive application for amendment and impleadment of third party, Writ Petition stands rejected.

5.

Needless to state that in case fresh application is filed for appropriate amendment and reliefs, this order shall be not be impediment. (S. G. CHAPALGAONKAR, J.) Umesh