JUDGMENT :

1. Heard.

2. Rule.

3. With consent, the Petition is finally heard at the admission stage.

4. The Petitioners are the Plaintiffs in Special Civil Suit 16 of 2018 which is instituted seeking specific performance of Agreement dated 16.02.2015, whereunder Defendants 1 & 2 – Respondents 1 & 2 herein, agreed to sell the suit property to the Plaintiffs, on terms and conditions stipulated therein. The suit property is described in the plaint, as land assigned Gat 47/3 admeasuring 1-50 HR situated in Sawantwadi, District – Sindhudurg.

5. Respondent 1 is the Third Party, who preferred an application under O. I, Rule 10 of the Code of Civil Procedure, 1908 (for short ‘CPC’) seeking impleadment.

6. The learned trial Judge was pleased to allow the application preferred under O. I, Rule 10 of the CPC vide Order dated 25.03.2019, which is impugned herein.

7. The short question involved in the Petition is whether the Third Party is necessary or proper party to the suit for specific performance of the Agreement. The learned trial Judge reasons that the Third Party is a consenting party and has right and interest in the suit property.

8. I have heard Mr. Sandesh Patil, learned counsel for the Pla