Bombay High Court

ATHARVA UDAY BONGARDEversusSOU. GEETA YUVRAJ SUTAR AND ANR

Disposal: Allowed

Holding

The Court allowed the interim application, permitting the applicant’s impleadment and his right to agitate for mutation of his name, subject to his undertaking and the pending suit.

Summary

The applicant, having purchased a portion of the suit land on 7 September 2023, sought to be impleaded in the writ petition and to have his name mutated in the record of rights. He was already a defendant in suit RCS No.253 of 2021, and on the same day the Court had granted ad‑interim relief to the respondents, which impeded his mutation request. The applicant undertook that he would not create any further third‑party interest in the property. The Court allowed the interim application, directing that upon furnishing the undertaking, the applicant could pursue his claim for mutation of his name. It clarified that the sale deed in his favour remains subject to the final outcome of the suit. Consequently, the earlier ad‑interim order would not bar the applicant’s mutation claim.

Issues considered

Whether the applicant can be impleaded in the writ petition despite the earlier ad‑interim order in favour of the respondents.
Whether the applicant’s undertaking suffices to permit him to seek mutation of his name in the record of rights pending the suit’s outcome.

Subjects

impleadment
mutation of name
interim relief
sale deed
suit land
ad‑interim order
High Court of Bombay
civil appellate jurisdiction

Judgment

                                                       49-IA-1495-2026 (c).doc




              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      CIRCUIT BENCH AT KOLHAPUR
                      CIVIL APPELLATE JURISDICTION

                   INTERIM APPLICATION NO. 1495 OF 2026
                                    IN
                      WRIT PETITION NO. 11023 OF 2023

Atharva Uday Bongarde                                                 ...Applicant
      Versus
Sou. Geeta Yuvraj Sutar And Anr                                  ...Respondents

                                  …...
Adv. Dhairyasheel V. Sutar a/w Adv. Reshma J. A., for Petitioner.
Adv. Manoj Patil a/w Adv. Akash M Murudkar and Adv. Kaustubh
Rayrikar, Advocate for the Applicant.
                                  …..

                                      CORAM : SHAILESH P. BRAHME, J.

                                      DATE      : 30th SEPTEMBER, 2026.

P.C. :

           The applicant, being the purchaser of part of the suit land, seeks

impleadment in the writ petition. He is already impleaded in the suit

bearing RCS No.253 of 2021 as a defendant.

2.         The learned counsel appearing for the applicant undertakes that

his client will not create any further third-party interest in the property

purchased by him.

3.         It is brought to my notice that the applicant purchased part of the

suit land on 07.09.2023 and, on the selfsame date, this Court granted

ad-interim relief in favour of the respondents. Due to the order passed

by this Court, the applicant is finding it difficult to mutate his name in



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                                                        49-IA-1495-2026 (c).doc


the record of rights. The concerned authorities did not accede to his

request despite execution of the registered Sale Deed.

4.         The interim application is allowed in terms of prayer Clause ‘a’.

5.         Upon furnishing the undertaking by the applicant to the Trial

Court, it would be open for him to agitate his claim for mutation of his

name, and the order passed by Court on 07.09.2023 shall not be an

impediment thereto.

6.         It is clarified that the Sale Deed executed in his favour shall be

subject to the outcome of the suit.

                                                 [ SHAILESH P. BRAHME, J.]




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