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2024 Supreme(Bom) 613

MILIND N. JADHAV
Suresh Vamanrao Gaikwad – Appellant
Versus
Karva Developers, through Shri Devkisan Brijlaal Karwa – Respondent


Advocates Appeared:
For the Petitioner: Mr. Mandar Limaye.
For the Respondents: Mr. Shriram Kulkarni a/w. Mr. Sujay S. Palshikar, Ms. Janhavee Joshi a/w. Mr. Vishal Kanade, Mr. Vishal Tambat and Ms. Chaitali Bhogle.

JUDGMENT :

Milind N. Jadhav, J.

1. Heard Mr. Limaye, learned counsel for the Petitioner, Mr. Kulkarni, learned counsel for Respondent No.1 and Ms. Joshi, learned counsel for Respondent Nos.2 to 5.

2. The present Writ Petition impugns order dated 11.01.2024 passed in Application filed below Exhibit-17 in Regular Civil Appeal No.448 of 2016 (for short 'RCA') by the Writ Petitioner - a third party, whose name is Suresh Waman Gaikwad seeking his impleadment as co-Appellant in the RCA as well as Defendant in the Suit proceeding which is decreed by the trial Court. Suit is originally instituted as Special Civil Suit No.121 of 1997 seeking specific performance of contract against Appellants in RCA by Respondents therein. For the sake of convenience parties shall be referred to as ‘Plaintiff, Defendants and third Party (Petitioner before me)’. Suit is filed by Plaintiff in the year 1997, seeking specific performance of Agreement against Defendants, who are nomenclatured as Respondent Nos.2 to 5 before me in the Writ Petition, in respect of land admeasuring 8649 sq. mtrs. out of 9982 sq.mtrs., situated within the jurisdiction of Nashik Municipal Corporation/Limits at Deolali. After a full leng

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