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2018 Supreme(Bom) 653

C.V.BHADANG
Natasha Dilip Singh – Appellant
Versus
Michael Tony Ferns – Respondent


Advocates Appeared:
For the Petitioners:S.G. Desai, Senior Advocate, S. Naik, Advocate
For the Respondents:G. Agni with E. Usapkar, R. Rao, Advocates

JUDGMENT :

1. The challenge in this petition is to the order dated 20/6/2017 passed by the learned trial court in Civil Misc. Application no.41/2014/A thereby refusing to implead the petitioners as defendants in Special Civil Suit No.25/2011/A.

2. The first respondent has filed Special Civil Suit no.25/11/A against the respondents no.2 to 9 for specific performance of an agreement to sell in respect of the property known as “Nanorem or Naikiniche Bata” surveyed under no.156/1 approximately admeasuring 4,10,296 sq.mtrs. under no.156/1 along with an existing house, more specifically described in para 8 of the plaint. That suit is pending before the learned Civil Judge Senior Division at Mapusa. The petitioners filed an application for their impleadment as party defendants in the suit purportedly under Order I Rule 10 (2) of the Code of Civil Procedure (Code, for short). It was contended that the petitioners are the co -owners in possession and enjoyment of the suit property along with the respondents no.2 to 9 who are the defendants in the suit. It was contended that the petitioners are presently residing in Surat from the time the petitioner no.1 got married with the petitioner no.2.



















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