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2022 Supreme(Bom) 168

MANISH PITALE
Leticia E. Dos M. Simoes – Appellant
Versus
Suresh Tukaram Shirodkar – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. C. Padgaonkar, Ms Apeksha Kaloke, Advocate
For the Respondent:Mr. V. Parsekar, Advocate

JUDGMENT :

P.C.

1. By this Writ Petition, the Petitioner, (original complainant), has challenged Order dated 20.10.2021, passed by the Court of Civil Judge, Junior Division (hereinafter referred to as 'the Trial Court'), whereby an application filed on behalf of Respondent nos. 1 and 2 under Order 1 Rule 10 of the Code of Civil Procedure Code (CPC) for addition of Communidade of Nerul as a Defendant, at exhibit D-21, has been allowed. Accordingly, the said Communidade is directed to be impleaded as defendant no.3 in the suit.

2. Mr. Padgaonkar, learned Counsel appearing for the Petitioner, submits that the Communidade is neither a necessary nor a proper party in the suit. It is submitted that the Petitioner has filed a suit simpliciter for permanent injunction against the Respondents seeking an injunction restraining the Respondents from disturbing the possession of the Petitioner in the suit property, which is said to be located in survey no. 120/1 and 110/9 of Village Panchayat Nerul. The Petitioner has proceeded in the suit on the basis that she is in possession of the suit property as the same was leased to her late husband by the aforesaid Communidade in the year 1967. It is furt

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