GERA DEVELOPMENTS PVT LTD. Vs. SANGITA SHIVAJI KATE

JUDGEMENT

(1.) Since the order challenged in both writ petitions arises from the same cause of action and involves similar issues, they are being disposed of by this common judgment.

(2.) The petitioner in Writ Petition No. 10225 of 2024 is the original defendant No. 66, whereas the petitioners in Writ Petition No. 10422 of 2024 are defendants Nos. 16 and 17 in the suit. The challenge in both the petitions is to the order dtd. 10/7/2024 passed by the Civil Judge, Senior Division, Pune. The impugned order allows an application under Order VI Rule 17 of the Civil Procedure Code, 1908, to incorporate averments regarding the creation of lease rights by the defendants, a prayer for a declaration that the lease agreements executed in favor of the newly added defendants are not binding on the plaintiff's share in the suit property and permits impleadment of the lessees as defendants.

(3.) In December 2021, respondent No.1-original plaintiff filed Special Civil Suit No. 2040 of 2021 for partition and separate possession, cancellation of sale deeds, and a declaration that the sale deeds executed by defendant Nos. 1, 2, and 5 to 14 are not binding on the plaintiff's share. The plaintiff also sought a declaration that an agreement to sell executed by defendant Nos. 1, 2, and 5 to 14 in favor of defendant No. 67 is not binding on the plaintiff's share. Additionally, the plaintiff sought an injunction restraining the defendants from disturbing the plaintiff's possession over the suit property and from creating third-party rights. The properties in question are described in paragraph No.1 of the plaint.