Rajesh S/O Gulabrao Morey vs Manish S/O Gulabrao Morey And ...
2016 Latest Caselaw 6491 Bom

                                     1
                                                                  wp760.14.odt

        IN THE HIGH COURT OF JUDICATURE AT BOMBAY




                                                                                 
                  NAGPUR BENCH, NAGPUR




                                                         
                       Writ Petition No.760 of 2014


      Rajesh s/o Gulabrao Morey,
      Aged about 43 years,




                                                        
      Occupation - Business,
      R/o Ward No.18, Khandala Road,
      Tahsil Chikhali, Dist. Buldana.                      ... Petitioner

            Versus




                                           
      1. Manish s/o Gulabrao Morey,
                             
         Aged about 41 years,
         Occupation - Business,
         R/o Ward No.17, Near Budha Vihar,
                            
         Tahsil Chikhali, Dist. Buldana.

      2. Gulabrao s/o Kundlik Morey,
         Aged about 73 years,
         Occupation - Business,
      


         R/o Ward No.18, Khandala Road,
         Tahsil Chikhali, Dist. Buldana.                   ... Respondents
   



      Shri P.S. Wathore, Advocate for Petitioner.
      Shri V.G. Palshikar, Advocate for Respondent No.1.





      Shri K.P. Sadavarte, Advocate for Respondent No.2.


                    Coram : R.K. Deshpande, J.

                    Dated  : 16    November, 2016
                                th
                                                  





       Oral Judgment :


       1.         Rule,   made   returnable   forthwith.     Heard   finally   by 

consent of the learned counsels appearing for the parties.

wp760.14.odt

2. The petition challenges the order rejecting the application

for grant of permission to be joined the petitioner as the

party-defendant No.2 in Regular Civil Suit No.51 of 2011.

Shri Palshikar, the learned counsel appearing for the original

plaintiff, has filed reply on affidavit dated 5-10-2015, stating that

the plaintiff has no objection for joining the petitioner as the

party-defendant No.2 in Regular Civil Suit No.51 of 2011.

3.

In view of above, the impugned order dated 10-4-2013 is

hereby quashed and set aside. The application at Exhibit 15 is

allowed. The petitioner is permitted to be joined as the

party-defendant No.2 in Regular Civil Suit No.51 of 2011. The

parties are at liberty to amend their pleadings accordingly.

4. Rule is made absolute in above terms. No order as to

costs.

JUDGE.

Lanjewar, PS