Dismissed

Yogesh Devaji Mali Wagh and Others v. Harishbhai Ramakant Dave and Others

Bombay HC14 Feb 2023WP/1671/2023

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition challenging the dismissal of an application for impleadment under CPC Order I Rule 10. The court held that in a specific performance suit, only parties to the agreement are necessary, and the absence of a filed issue on the property being ancestral negates the necessity of impleadment.

What the court decided

AI extract

Yogesh Devaji Mali Wagh and Others Vs Harishbhai Ramakant… — Property and Title | Bombay HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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34 WRIT PETITION NO.1671 OF 2023

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YOGESH DEVAJI MALI WAGH AND OTHERS
VERSUS

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HARISHBHAI RAMAKANT DAVE AND OTHERS

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Advocate for Petitioners : Ms. Ansari Asfia Nuzhat

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CORAM : SHARMILA U. DESHMUKH, J.

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DATE : 14-02-2023

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PER COURT :

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. Heard.

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2.By this petition, the petitioners have challenged the
order dated 08.11.2022 passed in Special Civil Suit No.21 of 2017
wherein the petitioners’ application for being impleaded as a party
under the provisions of Order-I, Rule-10 of the Code of Civil
Procedure, 1908 (hereinafter referred to as the ‘CPC’) came to be
dismissed.

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3.Special Civil Suit No. 21 of 2017 was instituted by the

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Respondent no.1 against the respondent nos.6 and 7 for specific
performance of agreement of sale dated 04.12.2010. In the said
proceedings, various applications were filed by the other
co-parceneres contending that the property which forms the subject
matter of the agreement for sale is ancestral property and sought

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impleadment. All these applications came to be dismissed by the trial
Court.

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4. Heard the learned counsel appearing for the petitioners.

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5.The learned counsel for the petitioners submits that as
the property which is the subject matter of the agreement for sale is
ancestral property, the rights of the petitioners are bound to be
affected. She further submits that an issue has been framed in the
Special Civil Suit as regards the nature of the property being ancestral
property and in view of the said fact the presence of the petitioners is
necessary.

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6.The learned counsel for the petitioners has not placed on
record the copy of the issues to demonstrate that such an issue is
framed. In my opinion, in a suit for specific performance of the
same, in the absence of any such contention being taken, the
probability of an issue as to the ancestral nature of the property does
not appear to be sustainable. It is settled by various decisions of this
Court that in the suit for specific performance, it is the parties to
agreement for sale who are the necessary parties. As regards the
contention of the learned counsel for the petitioners that the partition
suit had been decreed and the rights are determined, in event the

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partition is effected by metes and bounds shares of the respondent
nos.6 and 7 will be adjusted as against property which is alleged to
have been sold by virtue of agreement for sale.

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7.For the aforesaid reasons, there is no merit in the writ

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petition. Writ petition stands dismissed.

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( SHARMILA U. DESHMUKH, J. )

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GGP

Yogesh Devaji Mali Wagh and Others v. Harishbhai Ramakant Dave and Others

Case brief

What is this about?

What the court decided

Yogesh Devaji Mali Wagh and Others v. Harishbhai Ramakant Dave and Others

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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