SAHEBU DHARMU SHINDE Vs. JAGANNATH MITHU SHINDE

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. Heard finally, at the stage of admission itself, by consent of learned counsel for the Petitioner and learned counsel for the Respondents.

(2.) By this Petition, filed under Article 227 of the Constitution of India, the Petitioner is challenging the order dated 30 th August 2017 passed by the District Judge-2, Satara, below "Exhibit-55" in Regular Civil Appeal No.69 of 1997. The application at "Exhibit-55" was filed by the Petitioner to implead the purchasers of the suit property as 'Proposed Respondent Nos.11 to 17' on the count that, they have purchased the suit property during pendency of the Appeal. The application was strongly resisted by the Respondents and, ultimately, it came to be rejected by the impugned order.

(3.) The submission of learned counsel for the Petitioner is that, the Suit filed by the Petitioner is for partition and separate possession of his share in the suit property and as Proposed Respondent Nos.11 to 17 have purchased the suit property during pendency of the Appeal, their impleadment in the Suit and in the Appeal is very much necessary, as without their joining in the lis, the controversy in the matter cannot be resolved completely. Secondly, it is also submitted that, it is in the interest of the purchasers themselves that they should be joined in the Suit, so that, ultimately, their rights will not be affected, if the Suit is decreed and the Petitioner is granted his separate share by way of partition in the joint family properties.