Smt.Savita Dattatray Babar vs Balkrishna Baburao Bhosale
2022 Latest Caselaw 2844 Bom

             Digitally signed by
JAYARAJAN    JAYARAJAN
ANJAKULATH   ANJAKULATH NAIR
NAIR         Date: 2022.03.24
             15:15:55 +0530




                                                                     1/2                32 SA-12.22.odt




                                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                 CIVIL APPELLATE JURISDICTION
                                                   SECOND APPEAL NO.12 OF 2022
                                                               ALONG WITH
                                              INTERIM APPLICATION NO.134 OF 2022


                                   Savita Dattatray Babar                       ]   ...          Appellant

                                                Vs.

                                   Balkrishna Baburao Bhosale                   ]     ...        Respondent

                                                                   ...
                                   Mr. Arjun S. Pawar for the appellant.

                                   Mr. Rahul S. Kate for respondent Nos.1 to 4.
                                                                  ...

                                                              CORAM : SMT. BHARATI DANGRE, J.

                                                              DATED        : 23RD MARCH, 2022.

                                   P.C. :-

1. The second appeal deserves an admission on the following substantial questions of law. Hence, Admit.

"1. Whether the suit is hit by the principle of mis- joinder and non-joinder of necessary parties under Rule 9 Order I of the Civil Procedure Code?

AJN 2/2 32 SA-12.22.odt

2. Whether Original Plaintiff Nos.1 to 3 i.e. Respondent Nos.1 to 3 who were not party to the Agreement to Sale can seek specific performance of the same?

3. Whether third persons i.e. Respondent Nos.1 to 3, who are not parties to Agreement to Sale, and sought permission by making an application for renewal of tenure of the suit land, can be treated as parties to original agreement to sale by way of alteration or novation?"

2. Issue notice to the respondents.

3. Mr. Kate, the learned counsel waives service of notice for respondent Nos.1 to 4.

4. During the pendency of the appeal, there shall be stay to the effect and operation of the impugned judgment dated 17/12/2016 passed in Civil Appeal No.36 of 2012.

5. The appellant shall file private paper book within six months from today.

6. The parties are at liberty to seek final hearing of the appeal as per the convenience of the court.

[SMT. BHARATI DANGRE, J.]

AJN