SANDEEP RAMESH SOLANKI Vs. SHEVANTI DADOBA NASHTE

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. With consent of the parties, petition is taken up for the final hearing.

(2.) Petitioners' application under Order I Rule 10(2) of Civil Procedure Code, 1908 in Special Civil Suit No. 361 of 2000 instituted by the respondents no. 1 and 2 has been rejected by the Learned Court on 18.11.2017, against which, this petition under Art. 227 of the Constitution of India is preferred. Special Civil Suit No. 361 of 2000 is instituted by the respondents no. 1 and 2 (hereinafter called 'plaintiffs') against respondents no. 3 to 7 (hereinafter called 'defendants') for specific performance of agreement dated 14.08.1999 executed by the defendants no. 1 to 4 in respect of the suit plot. The suit plot is owned by the Sanyukt Maharashtra Cooperative Housing Society ('Society' for short) of which respondents no. 1 and 2 were members and allottees. Thus, Society is defendant no. 5 in the suit as "proper party". Pending suit, the respondents no. 3 and 4 surrendered the suit plot to the Society and thereafter the society executed a lease on 08.03.2004 of the suit plot in favour of the petitioners to which respondents no. 3 and 4 were consenting parties. It is petitioner's case that on 19.01.2004, the possession was handed over to them by the society and were admitted to membership of the society. It is their case that soon after taking possession, they constructed a bungalow on the suit plot and had no knowledge of the Special Civil Suit No. 361 of 2000 instituted by the respondents no. 1 and 2 against the respondents no. 3 & 4.

(3.) On 01.04.2015, the petitioners filed an application under Order I Rule 10 (2) of Civil Procedure Code, 1908 and sought impleadment as the defendant in the Special Civil Suit No. 361 of 2000. Learned Judge rejected the said application against which, this petition is preferred.