Authority: High Court of Judicature at Bombay, Civil Appellate Jurisdiction
Order Date: 21 August 2026
Case Overview
- Petitioners: M/s. Bhikamdas Gulabchand & Co., represented by its present Partners.
- Respondents: State of Maharashtra & Others, including Respondent No.2 who sought impleadment.
- The petition challenged the order dated 15 November 2017 of the Civil Judge Senior Division, Panvel, which had allowed Respondent No.2’s application for impleadment under Order I, Rule 10(2) of the CPC.
- Respondent No.2 claimed an Agreement for Sale dated 8 October 1903 in favour of his forefathers and sought entry into the suit concerning declaration of title over the suit properties.
- The Court noted that the plaintiff is dominus litis and may decide parties against whom relief is claimed; a party with a right must pursue separate proceedings, citing the Apex Court judgment in NAK Engineering Company Pvt. Ltd. vs. Tarun Keshrichand Shah and Others.
Final Outcome
- The Court set aside the 15 November 2017 order allowing Respondent No.2’s impleadment.
- The writ petition was allowed in the terms stated.
- Consequently, the interim application filed by Respondent No.2 was disposed of as nothing survived.
Topics: Court Procedure, Property Title Dispute, Impleadment