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2023 Supreme(Bom) 573

MILIND N. JADHAV
Gajanan Mahadeo Potdar – Appellant
Versus
Govind Maruti Jare – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Prathamesh B. Bhargude
For the Respondent: Mr. Dilip Bodake

JUDGMENT :

1. This Writ Petition challenges the legality and validity of the order dated 22.10.2021 passed below Exh. 243 in Regular Civil Suit No. 14 of 2005 passed by the Civil Judge, Junior Division, Aatpadi, District Sangli. Respondent Nos. 1 to 4 are the four Applicants who have filed Application below Exh. 243 before the Trial Court and sought impleadment as Defendants to the suit proceedings under Order I, Rule 10 of the Code of Civil Procedure, 1908 (for short, “CPC”). They are not parties to the civil Suit. Application is filed on 09.01.2018. By the impugned order, Trial Court allowed the application and directed that the Applicants be added as Defendants in the Suit. Plaintiff being aggrieved has filed the present Writ Petition to challenge the order dated 22.10.2021.

2. To appreciate the controversy, it is pertinent to refer the facts which are outlined herein under:-

2.1. Regular Civil Suit No. 14 of 2005 was filed by one Mahadeo Potdar against his four sons seeking a declaration and injunction in respect of the suit properties. The suit properties are described in par

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