Bombay High Court
SHRI. PRAVIN BABAN NARALEversusSHRI. YOGESH BABAN JADHAV
- Disposal
- Allowed
Holding
The court held that the subsequent purchasers may be impleaded as respondents under Order I Rule 10 of the Civil Procedure Code.
Summary
The applicants filed an interim application in a second appeal seeking to implead Respondent Nos. 4 and 5, who are subsequent purchasers of the suit property, as parties to the appeal. The counsel argued that under Order I Rule 10 of the Civil Procedure Code, such parties could be added. The court examined the reasons provided and found them sufficient to permit the addition. Accordingly, the application was allowed and the two purchasers were ordered to be impleaded as respondents. The court directed that the necessary amendment to the pleadings be effected within one week.
Issues considered
- Whether subsequent purchasers of the suit property can be impleaded as respondents in the second appeal under Order I Rule 10 of the CPC.
Legislation cited
- Code of Civil Procedure, 1908 — s. Order I Rule 10
Subjects
- impleader
- subsequent purchaser
- Order I Rule 10
- Civil Procedure Code
- second appeal
- interim application
Judgment
19-IA-16598-2023 (C).docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 16598 OF 2023
IN
SECOND APPEAL NO. 448 OF 2023
Shri. Pravin Baban Narale & Ors, … Applicants/Appellants
Versus
Shri. Yogesh Baban Jadhav & Ors. … Respondents
——————
Mr. Dheeraj Patil for the Applicants/Appellants.
——————
Coram : MEHROZ K. PATHAN, J.
Date : 2nd July 2026.
PER COURT :
1. This Application is filed by the Applicants/Appellants for bringing the
Respondent Nos.4 & 5 on record.
2. Learned counsel for the Applicants/Appellants Mr. Patil submits that
the Respondent Nos.4 & 5 are the subsequent purchasers, who have entered
into the sale-deed of the suit property and hence, prays for their addition as a
party Respondent, as per the Order-I Rule 10 of the Civil Procedure Code in
the present Second Appeal.
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19-IA-16598-2023 (C).docx
3. Taking into consideration the reasons stated in the Application, the
Application is allowed.
4. The Appellant is allowed to be implead Vaishali Mahadev Bhosale as
Respondent No.4 and Mr. Rohan Ramchandra Katkar as Respondent No.5, as
a party Respondents in the present Second Appeal.
5. The necessary amendment shall be carried out within a period of one
week.
[ MEHROZ K. PATHAN, J. ]
Digitally signed
by OMKAR
SHIVAHAR
OMKAR KUMBHAKARN
SHIVAHAR
KUMBHAKARN Date:
2026.07.03
11:50:07
+0530
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