Ramchandra Dattatraya Mule v. Kasturabai Bhagwan Badekar Thr Legal Heirs and Ors.
Case brief
What is this about?
WP 15697/2024; Bombay High Court Kolhapur Circuit Bench; Justice S. G. Chapalgaonkar; decided 09.12.2025; Ramchandra Dattatraya Mule v. Kasturabai Bhagwan Badekar (through heirs) & others; impleadment of third party in suit for specific performance and perpetual injunction; Special Civil Suit No. 221 of 2023; order dated 22.01.2024 of Civil Judge Junior Division upheld; necessary parties to contract; departure from Kasturi v. Iyyamperumal (2005) 6 SCC 733 approved where third party has prima facie right in suit property; relied on Sumtibai v. Paras Finance Co. AIR 2010 SC 3109 and Mankanwar AIR 2007 SC 3166; no jurisdictional error; writ petition rejected; agreement to sell dated 29.10.2018; earnest Rs.4,00,000/-; balance Rs.7,85,000/-; title through will of Pandharinath; original owner Sakharbai.
What did the court decide?
This Court finds no jurisdictional error in the impugned order allowing the third party's impleadment; consequently, the Writ Petition stands rejected.