CHINTAMAN SAHADEVRAO BAGDE Vs. BALIRAM RANGNATH BANSODE

JUDGEMENT

(1.) HEARD parties.

(2.) THE revision petitioner, a third party applicant, whose application to implead him as a defendant, was rejected by the learned trial Judge, has moved this Court by this Civil Revision Application. Baliram Rangnath Bansode filed a suit for perpetual injunction in respect of open land out of S. No. 14 situated at Aurangabad, impleading one Gopinath Bhikaji Chavan as a defendant. The defendant came out with a written statement that he is not concerned with the suit property and the real owner in possession of the suit property is one Shri Chintaman Bagde and the suit having been filed without impleading Shri Bagde with some ulterior motive, should be dismissed. It was also contended that some construction was made by the said Bagde in the disputed property. After this written statement was filed, an application came to be moved by Chintaman Sahadevrao Bagde to implead him as party defendant to the suit.

(3.) IN this application, applicant contended that he is the purchaser of the suit property and a sale deed has been executed in his favour on 20th September 1985. It was also pointed out that the present plaintiff Baliram has also filed a suit against the applicant Chintaman bearing R. C. S. No. 932/1990 in respect of the same property. However, holding that the plaintiff is dominus litis and cannot be compelled to join anybody as defendant, the learned trial Judge dismissed the application. Civil Revision Application challenges this order.