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2011 Supreme(SC) 1216
SUPREME COURT OF INDIA
DALVEER BHANDARI, DEEPAK VERMA, JJ.
Shripat Mahadu Patil and Ors. - Petitioners
Versus
Chief Land and Surveyor, CIDCO Ltd. and Ors. - Respondents
Civil Appeal No. 7327 of 2011 (arising out of S.L.P. (C) No. 4056 of 2009).
Decided on : 23-08-2011.
For the Appellant :Mr. Shekhar Naphade, Sr. Adv., Mr. Vinay Navare, Mr. Keshav Ranjan and Ms. Abha R. Sharma, Advocates.
For the Respondents:Mr. Satyajit A. Desai, Mr. Somanath Padhan, Ms. Anagha S. Desai, Mr. A.S. Bhasme, Mr. Pankaj Mishra, Mr. Ashutosh Gavnekar and Mr. A. Venayagam Balan, Advocates.
Emphasis on expeditious resolution of civil suits and the power of the court to implead additional defendants.
Headnote:
Impleadment - Civil Suit - The court directed the impleadment of additional defendants in a pending civil suit and set aside previous orders, emphasizing the need for expeditious resolution of the suit.
Fact of the Case:
The suit (R.C.S. No.138/2008) is pending before the Trial Court. The court directed the impleadment of additional defendants and set aside previous orders, emphasizing the need for expeditious resolution of the suit.
Finding of the Court:
The court directed the impleadment of additional defendants and set aside previous orders, emphasizing the need for expeditious resolution of the suit.
Issues: Impleadment of additional defendants, setting aside of previous orders, expeditious resolution of the suit
Ratio Decidendi: The court emphasized the need for expeditious resolution of the suit and directed the impleadment of additional defendants, setting aside previous orders.
Final Decision: The appeal is disposed of with the direction to the Trial Court to decide the suit as expeditiously as possible.
JUDGMENT :
1. Leave granted.
2. We have heard the learned counsel for the parties.
3. The suit (i.e. R.C.S. No.138/2008) is pending before the Trial Court. In the facts and circumstances of this case, we direct that the following Villagers be impleaded as defendants after the existing defendants in R.C.S. No.138 of 2008:
1. Kaluram Mahadu Thakur
2. Ashok Pundalik Patil
3. Anil Laxman Patil
4. Ram Chander Karavkar
5. Gunda Kuthiya Bhoir
6. Barku Dinkar Patil
4. The above newly impleaded defendants would be entitled to file written statements within eight weeks. Replications, if any, be filed within four weeks thereafter.
5. In view of the order passed above, the order dated 28.8.2008 passed by the learned Civil Judge, Junior Division, Panvel in R.C.S. No.138 of 2008 and the order dated 24.10.2008 passed by the High Court of Bombay in Writ Petition No.7339 of 2008, are set aside. We request the learned Civil Judge, Junior Division, Panvel to decide the said suit as expeditiously as possible.
6. With the above observation and direction, this appeal is disposed of.
Order accordingly.
