Mr. Bhimgonda Satgonda Patil vs Mr. Ravindra Neminath Shete @ ...
2022 Latest Caselaw 11926 Bom

                                                                            4-WP-1810-2016.doc




                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                        CIVIL APPELLATE JURISDICTION

                                      WRIT PETITION NO. 1810 OF 2016

                     MR. BHIMGONDA SATGONDA PATIL                     )...PETITIONER

                              V/s.

                     MR. RAVINDRA NEMINATH SHETE @                    )
                     BALAPPA / BALASO DEVENDRA SHETE                  )...RESPONDENT


                     None for the Petitioner.
                     None for the Respondent.


                                                      CORAM     : ABHAY AHUJA, J.

                                                      DATE      : 21st NOVEMBER 2022

                     P.C. :


                     1        None for the parties.



                     2        This is a petition challenging the judgment and order dated

17th April 2015 passed by the Civil Judge, Senior Division,

Kolhapur, pursuant to which the said Court rejected the

application filed under Order 6 Rule 17 of the Civil Procedure

AVK 1/3 Digitally signed by ARTI ARTI VILAS VILAS KHATATE KHATATE Date:

2022.11.22 11:05:31 +0530 4-WP-1810-2016.doc

Code (CPC) holding that the proposed amendment was not

necessary to determine the real question of controversy.

3 As per the impugned order, the petitioner, at the time of

instituting the said proceedings, was well aware of sale of Gat

No.304/C in favour of the proposed opponent, but waited till 6 th

February 2015 to file the application under Order 6 Rule 17

when the trial had commenced. The trial Court has observed

that there is no explanation for the delay in filing this

application. Holding this, the trial Court came to the conclusion

that the proposed amendment is not necessary to determine the

real question of controversy and rejected the application.

4 Rightly or wrongly, the said property has already been sold

to one Shri. Vijayinha Balwant Yadav and Vijaykumar Mugutrao

Pol and their names have been entered in the owners' column of

the 7/12 extract. Prima facie, it appears that they were necessary

parties for determination of rights in respect of the said property,

in an application for probate / letters of administration under

Section 276 of the Indian Succession Act.

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                                                  4-WP-1810-2016.doc




5     In this view of the matter, issue notice to respondent,

returnable on 19th December 2022.

6     List on 19th December 2022.



                                     (ABHAY AHUJA, J.)




AVK                                                         3/3