SHRI VASANT RAGHU KAVLEKAR, SON OF LATE SHRI RAGHU KAVLEKAR Vs. SHRI VAMAN SANVLO VAIDHYA SON OF LATE SANVLO VAIDHYA

JUDGEMENT

(1.) Rule, made returnable forthwith. The learned counsel for the respondent nos.1 and 2 waives service. Heard finally by consent of parties.

(2.) The petitioners/plaintiffs have filed a suit for declaration and correction of survey records in which the respondent nos.1 and 2 filed a written statement on 25/9/2013 setting out a Will dated 28/12/1990 executed by Mr. Sanvle Vaman Vaidya and raising a contention that the suit is bad for non joinder of necessary parties, as set out in the written statement.

(3.) The petitioners filed an application for addition of parties under Order 1 Rule 10 (2) of C.P.C on 2/12/2016 which was opposed on behalf of the respondent nos.1 and 2. The learned trial court by the impugned order dated 29/3/2017 has dismissed the said application which order is subject matter of challenge in this petition.