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Bombay High Court

BHARAT BHASKAR BHOIR AND ANRversusVINAYAK JAGANNATH BHOIR AND ORS

Decided
Disposal
Disposed Off

Holding

The High Court set aside the order allowing impleadment, holding that the proposed defendants' inclusion was unnecessary and would complicate the partition of the disputed property.

Summary

The petitioners, Bharat Bhaskar Bhoir and another, challenged a 9 August 2019 order of the Thane Civil Court that allowed the defendants to implead proposed defendants under Order I Rule 10 of the CPC in a partition suit. The original suit sought partition of certain properties, while the defendants filed a counterclaim asserting that Survey No. 7/10 was joint family property and should be considered in the partition. The trial court had permitted the impleadment, but the petitioners argued that doing so would complicate matters because the land had already been alienated and developed. The High Court examined whether Survey No. 7/10 was indeed joint family property and noted that even if it were, the land could be allotted to the plaintiffs' share, rendering the proposed defendants' participation unnecessary. Consequently, the Court set aside the trial court’s order and allowed the writ petition, with no order on costs.

Issues considered

  • Whether the trial court was justified in allowing the impleadment of proposed defendants under Order I Rule 10 of the CPC in a partition suit.
  • Whether Survey No. 7/10 constitutes joint family property and how its status affects the partition proceedings.

Legislation cited

Subjects

  • partition suit
  • joint family property
  • impleadment
  • counterclaim
  • CPC
  • Order I Rule 10
  • land alienation

Judgment

2026:BHC-AS:34729

              Megha                                                       21_wp_2545_2020


                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  CIVIL APPELLATE JURISDICTION
                                  WRIT PETITION NO.2545 OF 2020

                                                                         ...Petitioners
              Bharat Bhaskar Bhoir and Anr.                      (orig. Plaintiff Nos.2 and 3)

                                V/s.

              Vinayak    Jagannath    Bhoir   since
              deceased through legal heirs-
              1/1 Pradeep Vinayak Bhoir and Ors.                       ...Respondents
                                            ________________
              Mr. Kishor K. Malpathak for the Petitioners.
              Mr. Sagar Tambe i/b. Mr. Suresh Barne for Respondent Nos.1/1 to 1/4.
                                            ________________


                                                       CORAM: SANDEEP V. MARNE, J.

                                                       DATED: 21 AUGUST 2026.


              P.C.:

              1)      The Petition challenges order dated 9 August 2019 passed by the
              learned 2nd Jt. Civil Judge, Senior Division, Thane, allowing Application at
              Exhibit-117 filed in Regular Civil Suit No.256 of 2006. By the impugned
              order, the Trial Court has allowed Application preferred by Defendant
              Nos.1 to 4 under Order I Rule 10 of the Code of Civil Procedure, 1908 (the
              Code) and has directed the Plaintiffs to implead the proposed
              Defendants in the Suit.

              2)      I have hard Mr. Malpathak, the learned counsel appearing for the
              Petitioner and Mr. Tambe, the learned counsel appearing for Respondent
              Nos.1/1 to 1/4.

                                                Page No.1 of 2
                                               21 August 2026
                          Megha                                                     21_wp_2545_2020



                          3)          The Suit is filed for partition of the suit properties. The
                          Defendants have appeared in the Suit and filed a counterclaim
                          contending that property bearing Survey No. 7/10 is also a joint family
                          property and in the event of decree for partition, even property at Survey
                          No.7/10 be also taken up for consideration. It is Defendants’ case that the
                          property at Survey No.7/10 is alienated by the Plaintiffs in favour of the
                          proposed Defendants.

                          4)          In my view, the enquiry in the counterclaim would be whether
                          property at Serial No.7/10 is a joint family property or not. In the event it
                          is found that the said property is a joint family property, and in the event
                          the Trial Court proceeds to decide shares, the said land can always be put
                          in the share of the Plaintiffs. Alienation in respect of the land at Survey
                          No.7/10 has occurred long before filing of the Suit. In that view of the
                          matter, entry of the proposed Defendants in the Suit would create
                          complications especially in view of the fact that land at Survey No.7/10 is
                          already developed by construction of buildings. Since Survey No.7/10 can
                          always be put in the share of the Plaintiffs in the event of same being
                          treated as joint family property, interest of the Defendants in the Suit is
                          protected.


                          5)          In view of the above discussion, order dated 9 August 2019 is set
                          aside. Writ Petition is allowed in above terms, there shall be no order as
                          to cost.


                                                                                [SANDEEP V. MARNE, J.]



Signed by: Megha S. Parab
                                                               Page No.2 of 2
Designation: PA To Honourable Judge                           21 August 2026
Date: 24/08/2026 14:32:53


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