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Bombay High Court

NACHIKET S. MOREversusN.A. SUBRAMANIAN AND ORS.

Decided
Disposal
Disposed Off

Holding

The court allowed the interim application, permitting the impleadment of the proposed respondent.

Summary

The applicant, Nachiket S. More, filed an interim application seeking to implead a proposed respondent (the Developer) in the ongoing first appeal and a related suit for specific performance. The respondents argued that the Developer, though served, had not entered appearance and that no further time should be granted. The court examined whether the proposed party was necessary for a complete adjudication of the appeal. Finding that the Developer’s involvement was essential to determine details of the redeveloped flat allotted to the defendants, the court allowed the interim application. It ordered that the amendment be effected within a week, served on all parties, and that notice be issued to the added respondent, with a return date of 1 September 2026.

Issues considered

  • Whether the applicant may implead the proposed respondent (Developer) in the first appeal and the related suit for specific performance.

Subjects

  • impleadment
  • amendment of pleadings
  • civil procedure
  • specific performance
  • interim relief
  • appeal

Judgment

                                                                  1/2               40-IA-13482-2025 (C).DOC




                                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                   CIVIL APPELLATE JURISDICTION
                                            INTERIM APPLICATION NO. 13482 OF 2025
                                                                  IN
                                                  FIRST APPEAL NO. 1577 OF 2019
                      Nachiket S. More                                                         ...Applicant
         Digitally
         signed by
                                 Versus
         BASAVRAJ
BASAVRAJ GURAPPA
GURAPPA PATIL
                      N.a. Subramanian And Ors.                                                ...Respondents
PATIL    Date:
         2026.08.12
         13:22:17
                                                               _______
         +0530
                      Mr. Kaustubh Patil for the Applicant
                      Mr. Anuj Pande for Respondent No.6_______


                                                                        CORAM : ARIF S. DOCTOR, J.
                                                                        DATE    : 11th AUGUST, 2026


                      P.C.
                      1.     This Interim Application seeks the following reliefs:

                                            “a) That this Hon'ble Court be pleased to permit the
                                            Applicants/Original Plaintiffs to implead the proposed
                                            Respondents as parties to the present Appeal as also in the suit
                                            No. 6970 of 2006 before the Bombay City Civil Court;
                                            b) For such other and further reliefs may be passed in the facts
                                            and circumstances of the case.

                      2.     The Respondent society has filed an Affidavit in which it is set out that the

                      proposed Respondent (Developer) would be in a better position to furnish the

                      details in respect of the redeveloped flat which has been allotted to the

                      Defendants in the Suit filed for specific performance who are the Respondents in

                      this Appeal. The Developer, though served, has chosen not to enter appearance.

                      In these facts, I do not see any further time should be granted.




                      Basavraj
                                       2/2              40-IA-13482-2025 (C).DOC



3.     Having due regard to the averments made in the Interim Application, I am

satisfied that the Applicant has made out a case seeking impleadment of the

proposed Respondent. They would certainly be necessary for more efficacious

and complete adjudication of the First Appeal. Hence, the Interim Application

is allowed in terms of prayer clause (a) already reproduced above.

4.     Amendment to be carried out within a period of one week from today.

Amended copy to be served on all concerned.

5.     Issue notice to the added Respondent, returnable on 1st September 2026.

Hamdast is permitted.




                                                            [ARIF S. DOCTOR, J.]




Basavraj


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