On an oral appeal challenging the dismissal of a writ petition regarding the impleadment of parties in a reference, the Bench found no perversity in the lower courts' views and dismissed the appeal.
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IN THE HIGH COURT OF BOMBAY AT GOA
LETTER PATENT APPEAL NO. 2 OF 2013
IN
WRIT PETITION NO. 130 OF 2013
ANANT S.S. USGAONKAR (SINCE DECEASED THROUGH LR'S) AND 9 ORS., Versus EXECUTIVE ENGINEER, XVIII(R), PWD AND 28 ORS.,
... Appellants
... Respondents
Shri F.E. Noronha, Advocate for the Appellants. Shri A.N.S. Nadkarni, Advocate General with Shri K. Noorani, Additional Government Advocate for Respondent No.1. Shri J.J. Mulgaonkar, Advocate for Respondent No.12(a to i), 17 & 22.
Shri M. S. Joshi, Advocate for Respondent No.23.
Coram:B. R. GAVAI & U. V. BAKRE, JJ.
Date:13th December, 2013
ORAL ORDER :
The appeal challenges the concurrent orders passed by the learned District Judge -I, Panaji dated 28th January, 2013, thereby praying for deletion of some of the parties from the reference and the order passed by the learned Single Judge of this Court dated 27th February, 2013, dismissing he appeal filed by the appellants.
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appellants inasmuch as the learned Reference Court has permitted the parties to be impleaded, who were not there in the original reference. The learned Counsel relies on the following judgments of the learned Single Judge of this Court in support of the submission that the party, who was not before the Reference Court cannot be permitted to be impleaded at a subsequent stage:
(i) AIR 1987 BOMBAY 32 in the case of Govind Narayan Lotlikar V/s. Smt. Savitribai Roghuvira Lotlikar,
(ii) 2000 (1) ALL MR 33 in the case of Bhau Krishna Shinde through LR's V/s. Vatsala Bhau Dhamale & Ors, and
(iii) 2000 (1) Bom.C.R. 58 in the case of Pandurang D. Rane & Ors. V/s. Vijabai V. Rane Sardessai & Ors.
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appeal is therefore rejected.
U. V. BAKRE, J. B. R. GAVAI, J.
NH
2 issues framed by the court
Whether the appellate court should interfere when the lower courts rejected the appeal challenging the impleadment of parties in the reference.
Whether the question of impleadment can be raised for the first time in writ jurisdiction.
Colour shows how this judgement treated each authority
Govind Narayan Lotlikar V/s. Smt. Savitribai Roghuvira LotlikarReferred¶17
AIR 1987 BOMBAY 32 · Who else cites this
Bhau Krishna Shinde through LR's V/s. Vatsala Bhau Dhamale & OrsReferred¶18
2000 (1) ALL MR 33
Pandurang D. Rane & Ors. V/s. Vijabai V. Rane Sardessai & Ors.Referred¶19
2000 (1) Bom.C.R. 58 · Who else cites this
ANANT S.S. USGAONKAR (SINCE DECEASED THROUGH LR'S) AND 9 ORS.
EXECUTIVE ENGINEER, XVIII(R), PWD AND 28 ORS.
B. R. GAVAI
U. V. BAKRE
As recorded by the court registry
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