JAGANNATH KHANDERAO KEDAR Vs. GOPINATH BHIMAJI KEDAR

JUDGEMENT

(1.) This petition emanates from Special Civil Suit 574 of 2015 which is brought by the petitioners/plaintiffs for partition and separate possession.

(2.) In the suit for partition and separate possession, the respondents 1 to 14 are arrayed as the defendants. Respondents 15 and 16, who are not parties to the suit preferred an application dtd. 26/10/2018 invoking the provisions of Order I Rule 10 of the Civil Procedure Code, 1908 ("Code") on the premise that the defendant Shri Gopinath Bhimaji Kedar had entered into an Agreement of Sale dtd. 15/7/2013 in their favour qua agricultural land admeasuring 4.67 H.R. assigned Gat 48 at Mouje Waghad, Taluka Dindori, District Nashik. Respondents 15 and16 claimed to be necessary parties to the suit.

(3.) The learned trial Judge allowed the application preferred under Order 1 Rule 10 of the Code vide order dtd. 11/1/2019 on the premise that respondents 15 and 16 have interest in the suit property in view of the Agreement of Sale dtd. 15/7/2013 executed in their favour by defendant 1, and such interest shall be affected by adjudication in the suit. It is this order which is impugned herein.