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Bombay High Court

RAJ GARDEN CHSLversusMAHENDRA ARJUN SHINDE

Decided
Disposal
Allowed

Holding

The Court allowed the interim application, directing that the Society be impleaded as Respondent No.10.

Summary

The petition seeks measurement and demarcation of land in Survey No.163, where the building of Raj Garden Co-operative Housing Society stands on a portion of the land. The petitioner, Mahendra Arjun Shinde, has a pending civil suit against the Society, making the Society a necessary party to the writ petition. An interim application was filed to implead the Society as Respondent No.10. The High Court allowed the application, directing the petitioner to amend the petition within two weeks to include the Society and waiving notice for the newly added respondent. The order ensures that all interested parties are before the court before proceeding with the land demarcation matter.

Issues considered

  • Whether the Raj Garden Co-operative Housing Society should be impleaded as a necessary party in the writ petition concerning land measurement and demarcation.

Subjects

  • land demarcation
  • necessary party
  • impleadment
  • interim application
  • writ petition
  • civil litigation

Judgment

KSG                                                              55-IA-7457-2026.doc



                IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                         CIVIL APPELLATE JURISDICTION

                    INTERIM APPLICATION NO. 7457 OF 2026
                                    IN
                      WRIT PETITION NO. 11237 OF 2026

Raj Garden Co-operative
Housing Society Limited                              … Applicant/ Intervener
In the matter Between :
Mahendra Arjun Shinde                                … Petitioner
         V/s.
State of Maharashtra & Ors.                          … Respondents
                   _______________________________________

Adv. Vishal V. Acharya a/w Adv. Ruchir Tolat for the Applicant.
Adv. Purva Basrur i/b DM Legal Associates for the Petitioner.
Mr. B.V. Samant, Addl. G.P. a/w Ms. Savina R. Crasto, A.G.P. for the
Respondent No.1-State.
Mr. Santosh Parad for the Respondent Nos.7 and 8-BMC.
                 _______________________________________

                            CORAM : A. S. GADKARI AND
                                    KAMAL KHATA, JJ.
                            DATE  : 23rd September 2026

P.C. :

1)              It is an admitted fact on record that, the building of the

Applicant-Society is standing on the part of land out of larger area of Survey

No.163 of which the Petitioner is seeking measurement and demarcation.

2)              Record indicates that, civil litigation between the Applicant and

the Petitioner is also pending before the Civil Court. It is the reason the

Applicant is a necessary party to the Petition.

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                      KSG                                                          55-IA-7457-2026.doc



                      3)            In view of the above, Application is allowed in terms of prayer

                      clause (a).

                      4)            Petitioner is directed to implead the Applicant-Raj Garden Co-

                      operative Housing Society as Respondent No.10.

                      4.1)          Necessary amendment be carried out within a period of two

                      weeks from today and duly amended copies of Petition be served upon the

                      learned Advocates for the Respondents within same stipulated period.

                      5)            Advocate Mr. Vishal Acharya, waives notices on behalf of newly

                      added Respondent No.10.




                             ( KAMAL KHATA, J. )                  ( A.S. GADKARI, J. )




 KIRAN
 SANJAY
 GHUGE
Digitally signed by
KIRAN SANJAY
GHUGE
Date: 2026.09.29
11:17:07 +0530
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