SULBHA DEVENDRA KOKATE Vs. SUREKHA KOKATE

JUDGEMENT

(1.) Heard finally with consent of ld. Counsel for the respective parties.

(2.) The Petitioner herein has challenged the Order dtd. 7/8/2019 whereby the learned Civil Judge, Senior Division, Pune has dismissed the application filed under Order 1 Rule 10 of CPC for joining him as party to the suit.

(3.) Heard Mr. Dande, learned Counsel for the Petitioner. He submits that the Petitioner is the co-owner of the property and that the notice which has been challenged by the Respondent in the suit has been issued at the instance of the Petitioner. He therefore claims that the Petitioner is a necessary party and ought to be impleaded as Defendant in the suit. In support of his contention, he has relied upon the decision of the Apex Court in Kasturi vs. Iyyamperumal and Ors. (2205) 6 SCC 733 and Gurmit Singh Bhatia vs. Kiran Kant Robinson and Ors. (2020) 3 SCC 773.