Amit S/O. Anil Moharil vs Sharadchandra S/O. Purushottam ...
2021 Latest Caselaw 13672 Bom

16.SA.261.2016.                                                                                                1/3


                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  NAGPUR BENCH, NAGPUR

                                Civil Application (CAS) No.599/2021
                                                 AND
                                Civil Application (CAS) No.602/2021
                                                  IN
                                    Second Appeal No.261/2016
             Amit s/o Anil Moharil Vs. Sharadchandra s/o Purushottam Moharil & Ors.
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                  Shri M.R. Joharapurkar, Advocate for the Appellant.
                  Shri Pushkar Ghare, Advocate for Respondent No.1.

                  CORAM : S.M. MODAK, J.

DATE : 22nd SEPTEMBER, 2021.

The appellant wants deletion of respondent Nos.3 and 15 by way of Civil Application No.599/2021 and wants deletion of respondent Nos.2-a, 2-b, 3, 4, 6, 8, 9, 10, 12, 13, 15 and 16 by way of Civil Application No.602/2021. The appellant/original plaintiff and the contesting respondent No.1 have arrived at a settlement. Civil Application 601/2021 is filed for disposal of the appeal as per the terms of compromise mentioned in the application.

02] With the assistance of both the learned Advocates, I have perused the judgment passed by the Courts below. The respondents whose names are to be deleted were joined as the defendants, they being the tenants. There was a prayer made on behalf of the plaintiff directing the defendants to pay the rent. It seems from the judgment of the trial Court that some of those defendants have contested the suit. Even though there was a prayer, the trial Court has not given any direction to those defendants/tenants to pay the rent.

16.SA.261.2016. 2/3

03] The defendant No.1 preferred Regular Civil Appeal No.40/2013. Those tenants are also the respondents therein. The first Appellate Court has allowed the appeal and the judgment of the trial Court is set aside. Ultimately, the suit of the plaintiff came to be dismissed. This is the second appeal on behalf of the appellant.

04] My attention is invited to the order passed by this Court on 30th June, 2017 in Civil Application No.631/2017 and order dated 8th August, 2017 passed on Civil Application No.847/2017. Respondent Nos.11, 14, 5 and 7 were deleted as per those orders and it was at the risk of the appellant.

05] Respondent No.3-Krishnaji has surrendered the possession of the premises in favour of the present appellant. The photocopy of the pursis filed by the appellant before the Small Causes Court is annexed to the Civil Application No.599/2021. It is submitted that out of the respondents whose names are sought to be deleted. Some of them have surrendered the possession.

06] As the contesting parties were the appellant and respondent No.1, I find no reason to delete the names of the respondents. When the contesting parties have settled the dispute, there may not be any room for these respondents to make any grievance. After this compromise, it at all appellant and respondent No.1 want to take any action against any of the respondents tenants that will be an independent cause of action. Those respondents even can defend those proceedings, if initiated. So, this Court has not expressed any opinion about the rights of those respondents tenants.

07] In view of that, Civil Application No.599/2021 and Civil Application No.602/2021 are allowed. The names of respondent

16.SA.261.2016. 3/3

Nos.3, 15, 2-a, 2-b, 3, 4, 6, 8, 9, 10, 12, 13, 15 and 16 be deleted from the array of the respondents.

                  08]          Necessary amendment be carried out.

                  09]          Both civil applications are disposed of.



                  Civil Application No.601/2021

                  10]          Since the parties have settled the dispute in terms of

compromise reproduced in the civil application, the matter be kept before the Lok Adalat on 25th September, 2021.

11] The boundaries of the property are described on page No.6. Parties are permitted to correct the house of Kathale as house of Kathane. It is described as south side of the suit property.

JUDGE vijay