Bombay High Court
Sachin Pandurang Biradar vs Bharatbai Baburao Shinde And Ors on 12 January, 2024
-1-
ca14365.23.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
CIVIL APPLICATION NO. 14365 OF 2023 IN
SECOND APPEAL NO. 179 OF 2023
Bharatbai Baburao Shinde .. Applicant
Versus
Maroti Ramrao Biradar & others .. Respondents
Mr. S. P. Shah, Advocate for the applicant.
Mr. P. N. Kalani, Advocate for respondent No. 1.
CORAM : R. M. JOSHI, J.
DATE : 12th JANUARY, 2024.
PER COURT :
1. Learned counsel for applicant, without prejudice to rights of
the applicant and in view of order passed in Civil Application no.
14992/2023, does not want to press this application at this stage.
2. Application is dismissed for want of prosecution.
( R. M. JOSHI)
Judge
dyb
ca14365.23.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
CIVIL APPLICATION NO. 14992 OF 2023 IN
SECOND APPEAL NO. 179 OF 2023
Sachin Pandurang Biradar & another .. Applicants
Versus
Bhartbai Baburao shinde & others .. Respondents
Ms. Anagha Pedgaonkar, Advocate for the applicants.
Mr. S. P. Shah, Advocate for respondent No. 1.
CORAM : R. M. JOSHI, J.
DATE : 12th JANUARY, 2024.
PER COURT :
1. This application is filed by applicants for intervention in
the second appeal on the ground that original defendant No.
1/appellant has sold the suit property to applicants herein. Thus,
they claim right, title and interest in the suit property and on this
ground, they seek their impleadment to this appeal.
2. Learned counsel for both sides cannot dispute the fact
that present applicants are necessary party to the appeal. In view of
this, application is allowed in terms of prayer clause 'B' and 'C'.
Appellant to carry out necessary amendment by adding applicants as
appellants in the appeal.
ca14365.23.odt
3. Application stands disposed of.
( R. M. JOSHI)
Judge
dyb
ca14365.23.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
CIVIL APPLICATION NO. 14366 OF 2023 IN
SECOND APPEAL NO. 179 OF 2023
Bharatbai Baburao Shinde .. Applicant
Versus
Maroti Ramrao Biradar & others .. Respondents
Mr. S. P. Shah, Advocate for the applicant.
Mr. P. N. Kalani, Advocate for respondent No. 1.
CORAM : R. M. JOSHI, J.
DATE : 12th JANUARY, 2024.
PER COURT :
1. At the outset, learned counsel for the applicant seeks
amendment in prayer clauses A and B to specify suit property
therein.
2. Leave granted. Amendment be carried out forthwith.
3. This application is filed by original respondent No. 1 in
second appeal seeking direction against appellants including added
appellants restraining them not to create third party interest in the
suit property. Learned counsel for applicant submits that the
impugned judgment and decree has been stayed by this Court by
order dated 5th May, 2016. According to him, in view of stay to the
ca14365.23.odt
impugned judgment and decree, the property in question needs to be
preserved and in such circumstances, appellants need to be
prevented from alienating the suit property or creating third party
interest therein.
4. Without prejudice to the rights and contention of
appellants, learned counsel for added appellants, on instructions,
makes a statement that the appellants would not create third party
interest in respect of the suit property as described in the operative
part of the order dated 7th October, 2005 passed by Civil Judge
Junior Division, Udgir in Regular Civil Suit no. 370/1998. The said
statement is accepted as undertaking. In view of the statement, n o
separate order needs to be passed on the application. Application is
disposed of in above terms.
( R. M. JOSHI)
Judge
dyb
