Bombay High Court

RAMJIBHAI DAYABHAI SARVAYA DIED THROUGH LRS RAMESHKUMAR RAMJIBHAI SARVAYAversusRAMSWARUP RAMDHAN MANTRI DIED THROUGH LRS VIJAYA RAMSWARUP MANTRI

Disposal: APPLICATION ALLOWED

Holding

The court allowed the impleading of subsequent purchasers and granted an ad‑interim temporary injunction restraining them from asserting title or undertaking construction.

Summary

The petitioners sought to implead the subsequent purchasers of the suit property as respondents in an ongoing appeal, arguing that the sale transactions occurred during the pendency of the appeal. The court noted the absence of the respondents' counsel and, considering the peculiar facts, allowed the impleading application and directed amendment of the pleadings within two weeks. In a related application, the petitioners requested a temporary injunction to restrain the subsequent purchasers and the original plaintiff from claiming title or constructing on the property. The court, acknowledging the urgency and the risk of third‑party interests being created, permitted amendment to include the purchasers as respondents and granted ad‑interim relief as prayed for. The order directed service of the notice to the purchasers and required the petitioners to furnish relevant documents. Both applications were consequently allowed and disposed of by the court.

Issues considered

Whether subsequent purchasers can be impleaded as respondents in an appeal pending before the court.
Whether a temporary injunction can be granted to restrain such purchasers from claiming title or constructing on the disputed property.

Subjects

impleading
temporary injunction
subsequent purchaser
property dispute
civil procedure
interim relief

Judgment

                                        (1)               92 ca 10829.26

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                92 CIVIL APPLICATION NO. 10829 OF 2026
                WITH CIVIL APPLICATION NO. 5779 OF 2026
                             IN SA/45/2000

            RAMJIBHAI DAYABHAI SARVAYA DIED THROUGH
              LRS RAMESHKUMAR RAMJIBHAI SARVAYA
                            VERSUS
          RAMSWARUP RAMDHAN MANTRI DIED THROUGH LRS
                   VIJAYA RAMSWARUP MANTRI

                                     …..
           Advocate for Applicant : Mr. Deshpande Niranjan Milind
                                     …..

                               CORAM :        SANJAY A. DESHMUKH, J.
                               DATE :         21.09.2026

P.C.:-

Civil Application No.10829 of 2026:

1.          This is an application for impleading the subsequent purchaser as

respondents. Perused the application.


2.          Learned advocate for the respondents is absent.


3.          Considering the fact that the sale transactions took place during

the pendency of the appeal, and having regard to the peculiar facts and

circumstances of the case, it would be proper to allow the application as

prayed for. Accordingly, the application is allowed as prayed for. Amendment

be carried out within two weeks. The application is disposed of.
                                             (2)                 92 ca 10829.26

4.          After the amendment is carried out, issue notice to the

respondents, returnable on 08.10.2026.


5.          The applicant shall supply copies of the appeal memo and other

relevant documents.



Civil Application No.5779 of 2026:

6.          This is an application for grant of temporary injunction, by which

the following reliefs are claimed by the applicants:

          “A]    The civil application may kindly be allowed.

          B]     The Hon'ble Court may be pleased to restrain the respondent/
          orig. plaintiff and their legal heirs or agents from claiming any title
          or create third party interest and restrain the respondent/orig.
          plaintiff their legal heirs or agents from constructing any additional
          structures on the suit property.

          C]     Ad-interim relief in terms of prayer clause-B may kindly be
          granted in favour of the applicants.”


7.          Today, this Court disposed of Application No. 10829/2026,

whereby the subsequent purchasers of the subject matter of the suit property

were permitted to be impleaded as respondents. However, the learned

advocate for the appellant pointed out that the purchasers are creating third-

party interests, carrying out construction, and are also likely to sell the

property to another person. He, therefore, prayed for restraining them by way
                                       (3)                  92 ca 10829.26

of an ad interim temporary injunction.


8.           In view of his submissions and considering the urgency of the

matter, he is permitted to amend the application accordingly so that the said

third-party purchasers may be added as respondents in this application. He is

also permitted to incorporate paragraphs alleging their acts in respect of the

property. However, considering the urgency of the matter and the peculiar

facts and circumstances of the case, it would be appropriate to grant ad

interim relief in terms of prayer clause-C.


9.           Learned advocate for the appellant is directed to communicate

this order by RPAD/Speed Post to the proposed respondents (purchasers),

who have been directed by this Court to be added in the cause title of the

main appeal as well as in the present application.


10.          Parties to act upon an authenticated copy of this order.



                                                 [SANJAY A. DESHMUKH, J.]




mubashir

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