Bombay High Court
VINAYAK REALTYversusJOHNA SANTIGO DMELLO (SINCE DECD) THRU LRS AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The court allowed the amendment of the writ petition to implead Respondent Nos. 15 to 21.3 as co‑petitioners, with Respondent No. 19 remaining as a respondent.
Summary
The applicant, Vinayak Realty, filed an interim application seeking to transpose Respondent Nos. 15 to 21.3 as co‑petitioners in Writ Petition No. 12058 of 2023, alleging that it had acquired rights in the disputed property from those respondents. The court noted that the original writ petition challenged an order of the Maharashtra Revenue Tribunal in which the applicant was not a party, and therefore the amendment was necessary to reflect the applicant’s interest. Counsel for the applicant also indicated that Respondent No. 19 could not be served and should remain a respondent, while the other respondents be impleaded as co‑petitioners. The bench held that the prayer was permissible and ordered the amendment to be effected within two weeks, with service of the amended petition within four weeks. The interim application was consequently allowed and disposed of without costs.
Issues considered
- Whether the applicant may amend the writ petition to implead Respondent Nos. 15 to 21.3 as co‑petitioners
- Whether Respondent No. 19, being unavailable for service, can remain a respondent while others are transposed
Subjects
- interim application
- amendment of pleadings
- impleading parties
- civil procedure
- writ petition
- Maharashtra Revenue Tribunal
Judgment
8-IA-7318-2026 COPY.DOCX
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 7318 OF 2026
IN
WRIT PETITION NO. 12058 OF 2023
Vinayak Realty ...Applicant(s)
Versus
Johna Santigo Dmello since (Decd.) thr. LRs and others ...Respondent(s)
______
Mr. Tushar N. Sonawane, Advocate for the Applicant.
Mr. Kaustubh R. Bhosale i/b Mr. Aniket P. Mokashi, Advocate for Respondent
Nos. 16 to 21.3
_______
CORAM: AARTI SATHE, J.
DATE: 16th SEPTEMBER, 2026
P.C.
1. This Interim Application has been filed to allow the Applicant to transpose
Respondent Nos. 15 to 21.3 as co-petitioners in Writ Petition No. 12058 of 2026.
The aforesaid prayer has been made in view of the fact that the present Petition
challenges the order of the Maharashtra Revenue Tribunal in which proceedings,
the Petitioner/Applicant was not a party and it is further the contention of the
Petitioner/Applicant that they have acquired the rights in the aforesaid property
from Respondent Nos. 15 to 21.3.
2. Considering the aforesaid position, this Court is of the view that the present
prayer of the Petitioner/Applicant can be allowed and necessary amendment to the
Writ Petition to be carried out whereby Respondent Nos. 15 to 21.3 be impleaded
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8-IA-7318-2026 COPY.DOCX
as co-petitioners. Learned counsel appearing on behalf of the Petitioner/Applicant
has submitted that Respondent No. 19 is not available for signature and in view
thereof she may be continued as Respondent in the Petition and the other
Respondents be transposed as co-petitioners.
3. In view of the aforesaid, Interim Application is allowed in terms of Prayer
Clause (b) and (c).
4. The amendment to be carried out within a period of two weeks from today.
Amended copy of the Petition to be served on the other Respondents within a
period of four weeks.
5. Interim Application shall stand disposed of. No costs.
(AARTI SATHE, J.)
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Tiwari
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