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15. IA 6209-25 in S 141-14.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

INTERIM APPLICATION NO. 6209 OF 2025

IN

SUIT NO. 141 OF 2014

Parasmal Uttamchand Picha ...Applicant

V/s.

Mr. Chaitanya Dev Surenderasihji Jhala ...Respondent

Mr. Sujeet Kurup with Ms. Seema Chopda and Mr. T. R. Yadav for the

Applicant/Plaintiff.

Mr. Zain A. K. Najam-Es-Sani i/b RAK Najam-Es-Sani the Defendant.

Mr. Drupad S. Patil i/b Mr. Balasaheb G. Ligade for the proposed

Defendant No.2.

CORAM : ABHAY AHUJA, J.

DATE : 22^nd DECEMBER, 2025

P.C. :

1. This Interim Application seeks to implead one Mr. Dhaval

Vardhaman Shah, who admittedly has purchased the suit property

pendente lite as the Defendant No.2 to the Suit.

2. Mr. Kurup, learned Counsel appears for the Applicant and

submits that while the Suit between the Applicant and the Defendant

was pending, the Defendant had gone ahead and sold the suit property

to one Mr. Dhaval Vardhaman Shah and the sale has also been

registered by the Sub-Registrar of Assurances at Mumbai. Mr. Kurup

submits that firstly this Court may add the name of the purchaser as the

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15. IA 6209-25 in S 141-14.doc

Defendant No.2 to the Suit and permit necessary amendments and also

restrain the said Defendant from creating any third party rights or

interest in the suit property. Mr. Kurup submits that this Court may also

appoint the Court Receiver, High Court, Bombay in respect of the said

suit property.

3. Mr. Patil, learned Counsel appears for the proposed Defendant

No.2 and submits that while his client has no objection to being added

as the Defendant No. 2 to the Suit, however, this Court may grant some

time as regard the restraint to sell further or appointment of the Court

Receiver and that this Court in view of the submissions made in this

regard not to pass such orders.

4. Mr. Kurup, learned Counsel for the Applicant submits that he is

led by Mr. Cama and that his Court may for the time being at least

permit addition of the Defendant No.2 as party and for consequential

amendments to the Plaint and proceedings and grant injunction against

creation of any third party rights by the purchaser.

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5. I have heard the learned Counsel and I am of the view that until

this Application is fully heard, for now the Defendant No. 2 be added as

party to the Suit.

6. Let the addition of the Defendant No2 as well as consequential

amendments be carried out forthwith. Re-verification is dispensed with.

7. Until the next date, the newly added Defendant No.2 not to in

any manner deal with or dispose of the suit property.

8. List on 11^th February, 2026.

(ABHAY AHUJA, J.)

Digitally

signed by

NIKITA

NIKITA YOGESH

YOGESH GADGIL

GADGIL Date:

2025.12.22

16:20:29

+0530

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