Bombay High Court

SADRUDDIN S/O. MEHMOOD MUJAWAR AND ORSversusMR. KHANDU S/O. SADASHIV KAUTKAR AND ORS

Decided: 17 February 2026
Disposal: Disposed Off
Bench: SARANG VIJAYKUMAR KOTWAL SANDESH DADASAHEB PATIL

Holding

The court held that the applicants must be impleaded as parties to the writ petition.

Summary

The petitioners filed a writ petition challenging a Government Resolution affecting ownership of a property in Chakan, Pune. The applicants, who are directly affected, sought to be heard in the petition and filed a civil application in the same writ petition. The court examined the compilation of documents, including a decree of the Maharashtra State Waqf Tribunal relating to the same property. Finding that the applicants' interests were directly implicated, the court allowed the civil application and ordered that the applicants be impleaded as parties to the writ petition. The amendment to implead the applicants must be completed within four weeks, and the parties may circulate the matter before the court.

Issues considered

Whether the applicants, being directly affected by the outcome of the writ petition, must be heard as parties to the petition
Whether the petitioners should be directed to implead the applicants in the writ petition

Subjects

Writ petition
Civil application
Impleadment
Procedural law
Waqf property
Government resolution

Judgment

                                       14-WP-4601-2018 WITH CAW-1418-2018.doc




          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CIVIL APPELLATE JURISDICTION

              WRIT PETITION NO. 4601 OF 2018
                          WITH
   CIVIL APPLICATION IN WRIT PETITION NO. 1418 OF 2018
                           IN
              WRIT PETITION NO. 4601 OF 2018

Sadruddin S/o. Mehmood Mujawar & Ors.                     … Applicants

In the matter between                                     … Petitioners
Mr. Khandu S/o. Sadashiv Kautkar & Ors.
           Versus
The Union of India and Ors.                               … Respondents

                         --------------------
Mr. Deepak Natu a/w Ms. Gayatri Soni i/b N. Deepak & Co., for the
Petitioners/ Applicants.

Ms. Kavita Solanke, A.G.P., for the Respondent-State.

Mr. Shaikh Sabina i/b R. M. Momin, for the Respondent No.4.

Mr. Sagheer Khan a/w Aqil Khan, Sauda Nachan i/b Judicare Law
Associates, for the Intervenor.
                             --------------------

                            CORAM :       SARANG V. KOTWAL &
                                          SANDESH D. PATIL, JJ.

                              DATE     : 17th FEBRUARY, 2026.




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P.C. :

1.        This Civil Application is filed in Writ Petition No.4601 of 2018.

The learned Counsel for the Applicants pointed out that though the

Writ Petition challenges the Government Resolution, the effect would

be on ownership and possession of the property situated at Chakan,

Taluka Rajgurunagar (Khed), District Pune bearing Old Gut No.706

and New Gut No.843 earlier Survey Nos.126 127 128. Learned

Counsel for the Applicants produces a compilation of documents

which is taken on record. It includes the decree passed by the

Maharashtra State Waqf Tribunal, Chhatrapati Sambhajinagar in Waqf

Suit No.133 of 2016. The said decree is passed on 13/12/2024 in

respect of the same property.



2.        In this view of the matter, it is quite clear that the Applicants are

directly affected by the outcome of this Writ Petition and therefore,

they are required to be heard in the Petition. Hence, the Civil

Application in Writ Petition No.1418 of 2018 is allowed.



3.        The Petitioners are directed to implead the Applicants as party-



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Respondents in Writ Petition No.4601 of 2018. The amendment to be

carried out within a period of four weeks from today.



4.        The parties are at liberty to get the matter circulated before the

Court.




(SANDESH D. PATIL, J.)                          (SARANG V. KOTWAL, J.)




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