Bombay High Court

SACHIN DILIP BASAREversusDHAN-DAULAT CO. OPERATIVE HOUSING SOCIETY LIMITED

Decided: 1 September 2026
Disposal: Disposed Off

Holding

The Court held that the applicant must be impleaded as a respondent and ordered the petition to be amended accordingly.

Summary

The High Court considered an interim application filed in Writ Petition No. 4265 of 2024, where the applicant, Sachin Dilip Basare, sought to be impleaded as a respondent. The petitioner, Dhan Daulat Co. Operative Housing Society Ltd., opposed the impleadment. The Court examined whether procedural rules required the applicant’s inclusion as a party to the proceedings. Satisfied that the applicant’s interests were directly affected, the Court ordered that the applicant be impleaded as a respondent and directed amendment of the petition within a week. The interim application was thereafter disposed, and the matter was listed for further hearing on 30 September 2026 with directions for filing any affidavit in reply.

Issues considered

Whether the applicant, as an affected party, must be impleaded as a respondent in the writ petition
Whether the court can order amendment of the petition to include the applicant

Subjects

impleadment
interim application
civil procedure
writ petition
amendment
illegal structure

Judgment

               Digitally signed
               by ARUNA
     ARUNA     SANDEEP
     SANDEEP   TALWALKAR
     TALWALKAR Date:
               2026.09.01
               18:51:58 +0530
                                                       29.IA3143.2025.odt



            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CIVIL APPELLATE JURISDICTION

                  INTERIM APPLICATION NO. 3143 OF 2025
                                   IN
                     WRIT PETITION NO.4265 OF 2024


Sachin Dilip Basare.                           … Applicant.

In the matter between

Dhan Daulat Co. Operative Housing
Society Ltd.                                   … Petitioner.
      Versus
Kalyan Dombivali Municipal
Corporation and Ors.                           … Respondents.

                             ------------
Mr. Yogendra Pendse a/w. Mr. Rama Yogendra Pendse, Advocate
for Petitioner.
Mr. Rohit Sakhadeo a/w. Mr. Nitesh Rangavi, Advocate for
Respondent Nos. 1, 2 and 3 KDMC.
Ms. Rupali Shinde, AGP, for Respondent No. 4 State.
Mr. Ashutosh M. Dube i/b. Mr. Madhukar D. Dorkar, Advocate for
Applicant in IA/3143/2024.
Ms. Riddhi Dhamecha i/b. Dhiren H. Shah, Advocate for
Respondent No. 12.
Mr. Bibhishan Sutar i/b. Ms. Komal Punjabi, Advocate for
Respondent BMC.
                              -----------
                             CORAM : M. S. KARNIK &
                                          SANDESH D. PATIL, JJ.

                                  DATE :   1st SEPTEMBER, 2026

P.C. :


1.            The Applicant is the affected party.    Though the


Talwalkar                         1
                                                             29.IA3143.2025.odt



application is opposed by Mr. Pendse, learned Counsel for the

Petitioner, we are satisfied that the applicant must be impleaded as

party respondent. Amendment to be carried out within one week

impleading the Applicant Sachin Dilip Basare as party Respondent.

2.          Interim Application is disposed of.

                   WRIT PETITION NO.4265 OF 2024


3.          On the next date, the learned Counsel for the Corporation

to seek instructions as to why the Corporation has failed to take

action against the alleged illegal structure which according to the

learned Counsel for the Petitioner, the Corporation themselves

have declared it to be illegal by the order dated 18/9/2023.

4.          List the Petition on 30th September, 2026.

5.          Affidavit in reply, if any, be filed within two weeks.



(SANDESH D. PATIL, J.)                            (M. S. KARNIK, J.)




Talwalkar                         2

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