Shri. Sukumar Jangonda Patil And ... vs Sachin Sambhajirav Patil And Ors
2017 Latest Caselaw 6322 Bom

                                                                 (926) WP-8690-17


Sarnobat
                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            CIVIL APPELLATE JURISDICTION

                                 WRIT PETITION NO. 8690 OF 2017

      Shri Sukumar Jangonda Patil & Ors.                           .. Petitioners
            Vs.
      Sachin Sambhajirao Patil & Ors.                              .. Respondents


      Mr. Umesh Mankapure, Advocate for the Petitioners.
      Mr, Nagesh Chavan, Advocate for the Respondent No. 1.
      Ms. Jyoti Jadhav, AGP for Respondent Nos. 3 and 4.


                                          CORAM : M. S. SANKLECHA, J.

DATE : 16th AUGUST, 2017.

P. C. :

1. Moved for urgent relief.

2. This petition challenges order dated 3rd July, 2017 passed by

Joint Civil Judge, Sr. Division Sangli. By this impugned order, the plaintiffs

(petitioners herein ) were directed to add third party applicant (respondent

no. 1 herein) as defendant no. 5 in the suit.

3. The impugned order allows the addition of the respondent in

terms of Order 1 Rule 8(3) of Code of Civil Procedure. In fact the

application itself was made under Order 1 Rule 10 of Civil Procedure

Code.

4. In the above view, in the interest of justice interim stay is

granted to the impugned order dated 3rd July, 2017 till the next CMIS date

to which the petition is posted.

(926) WP-8690-17

5. Respondent nos. 1,3 and 4 waive notice. Issue notice to the

respondent nos. 2 and 5 for admission, returnable on next CMIS date i.e.

6th February, 2018. The petition itself is likely to be disposed of at the stage

of admission.

[ M. S. SANKLECHA, J. ]