Sunita Devanand Kahalekar And ... vs Archana Kishanrao Kahalekar And ...
2021 Latest Caselaw 2397 Bom

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             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                    978 WRIT PETITION NO. 2386 OF 2021

          SUNITA W/O DEVANAND KAHALEKAR AND ANOTHER
                                 VERSUS
          ARCHANA D/O KISHANRAO KAHALEKAR AND OTHERS
                                   ......
             Advocate for Petitioners : Mr. Hande Avinash D.
                                    .....

                                          CORAM : V. K. JADHAV, J.

DATED : 5TH FEBRUARY, 2021

PER COURT :-

1. The petitioners are the original defendants in Special

Civil Suit No. 101 of 2010 instituted by respondent no.1 for

partition and separate possession. The petitioners-

defendants filed an application Exhibit 182 for framing of

additional issue as to whether the suit is liable to be

dismissed because of non-joinder of necessary parties. The

trial court has rejected the said application with the

following observations:

"In this matter argument of plaintiff has been part heard. Issues were settled in the year 2010. Since then till date of final argument defendant did not move such application. This

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fact itself shows that the defendant want to delay argument by moving such application at such a belated stage."

In addition to the above, the trial court has also

observed that;

"besides it is significant to note that the issue of non-joinder of parties is legal issue which can be framed even at the time of judgment, if found necessary."

2. In view of the above observations, I find no reason to

entertain this Writ Petition. Hence, the Writ Petition is

hereby dismissed.

( V. K. JADHAV, J. )

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