Bombay High Court
M/S. DADHE CONSTRUCTIONS PVT LTD THRU M. D.versusKUMAR PARISAR CO OP. HOUSING SOC. LTD
- Decided
- Disposal
- Disposed Off
Holding
The Court allowed the interim applications, permitting the impleading of additional respondents, waiver of service of notice, and amendment of the writ petition.
Summary
The Bombay High Court entertained two interim applications filed in Writ Petition No. 3171 of 2025 filed by Kumar Parisar Co‑Operative Housing Society Limited. The Court allowed both applications, permitting the petitioner to implead additional parties as respondents, including Bhushan Kulkarni & Associates, Dadhe Constructions, Gokhale Milestone LLP and Viraj Properties. It ordered that notice be issued to all respondents, with service of notice waived by the counsel of each respondent. The petitioner was directed to amend the writ petition within a stipulated time and to serve copies of the petition to the respondents. Further procedural directions were given regarding filing of affidavits, service of unserved respondents, and a stay of proceedings until 28 October 2026.
Issues considered
- Whether the interim applications seeking to implead additional respondents may be allowed
- Whether service of notice can be waived by the respondents' counsel
- Whether the petitioner may be permitted to amend the writ petition and serve copies to newly added respondents
Subjects
- writ petition
- interim application
- impleading parties
- waiver of service
- amendment of petition
- civil appellate jurisdiction
- procedural order
Judgment
PDP 12-WP-3171-2025.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
Digitally signed
by PRAVIN
PRAVIN DASHARATH
DASHARATH PANDIT
PANDIT Date:
2026.10.08
11:42:36 +0530
WRIT PETITION NO. 3171 OF 2025
Kumar Parisar Co-Operative
Housing Society Limited .. Petitioner
Vs.
The State of Maharashtra & Ors. .. Respondents
WITH
INTERIM APPLICATION NO. 7767 OF 2026
IN
WRIT PETITION NO. 3171 OF 2025
M/s. Bhushan Kulkarni and
Associates Pvt. Ltd. .. Applicant
In the matter between:
Kumar Parisar Co-Operative
Housing Society Limited .. Petitioner
Vs.
The State of Maharashtra & Ors. .. Respondents
WITH
INTERIM APPLICATION NO. 7768 OF 2026
IN
WRIT PETITION NO. 3171 OF 2025
M/s. Dadhe Constructions Pvt. Ltd. .. Applicant
In the matter between:
Kumar Parisar Co-Operative
Housing Society Limited .. Petitioner
Vs.
The State of Maharashtra & Ors. .. Respondents
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PDP 12-WP-3171-2025.doc
...
Mr. Harshad Sathe for the Petitioner.
Mrs. Neha S. Bhide, Government Pleader with Mr. S. P. Kamble, AGP
for Respondent No.1-State
Mr. R. M. Pethe for Respondent Nos.2, 3 and 4.
Ms. Rachana Harpale h/f Nitin P. Deshpande for the Applicant in
IA/7767/2026.
Mr. Vishal Kanade a/w Ms. Janhavee Joshi i/by Mr. Jayesh Joshi for
Applicant in IA/7768/2026.
Mr. Nishchal S. Anand for Intervener – Gokhale Milestone LLP.
…
CORAM : MAHESH CHANDRA TRIPATHI, CJ. &
ADVAIT M. SETHNA, J.
DATE : 7th OCTOBER, 2026.
P.C. :
INTERIM APPLICATION NOS.7767 & 7768 OF 2026:
1. Heard learned Counsel for the respective
Applicants/Interveners.
2. For the reasons stated in the Interim Applications, both
the Applications are allowed. The learned Counsel for the Petitioner
has no objection to implead the Applicants/Interveners as party-
Respondents.
3. In addition to above, learned Counsel for the Petitioner is
permitted to implead (i) Gokhale Milestone LLP, Office No.101, CTS
No.104/15, Erandwane, Pune 411 004 and (ii) M/s. Viraj Properties,
783, Bhavani Peth, Pune 411 042 as party-Respondents.
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PDP 12-WP-3171-2025.doc
4. Learned Counsel for the Petitioner shall carry out
necessary amendments in the Writ Petition within two days from
today. Re-verification is dispensed with.
Writ Petition No.3171 of 2025:
5. Issue Notice to the Respondents, including the newly
added Respondents, returnable on 28th October, 2026.
6. Learned Government Pleader waives service of notice on
behalf of Respondent No.1. Mr. Pethe, learned Counsel, waives
service of notice on behalf of Respondent Nos.2, 3 and 4. Ms. Rachana
Harpale h/f Nitin P. Deshpande, learned Counsel, waives service of
notice on behalf of newly added Respondent -M/s. Bhushan Kulkarni
and Associates Pvt. Ltd. Mr. Vishal Kanade, learned Counsel waives
service of notice on behalf of newly added Respondent - M/s. Dadhe
Constructions Pvt. Ltd. Mr. Nishchal Anand, learned Counsel, waives
service of notice on behalf of newly added Respondent-Gokhale
Milestone LLP. Petitioner shall serve copy of the Writ Petition upon
the learned Counsel for the respective Respondents.
7. In addition to the Court Notice, Petitioner is permitted to
serve the unserved Respondents by all permissible modes of private
service and file affidavit of service before the next date.
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PDP 12-WP-3171-2025.doc
8. Affidavit-in-Reply be filed within two weeks. Rejoinder-
Affidavit, if any, may be filed within one week thereafter.
9. Learned Counsel for the Petitioner submits that during the
midst of the proceedings certain new development have taken place,
which he is inclined to bring on record by filing Interim Application
for Amendment of the Petition. Permission is accordingly accorded.
The Petitioner shall file said Interim Application for Amendment
within one week from the date of uploading of this Order. The
respective Respondents may file reply, if any, to the said Interim
Application when filed, within one week thereafter.
10. Stand over to 28th October, 2026.
[ADVAIT M. SETHNA, J.] [CHIEF JUSTICE]
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