Bombay High Court
VIJAY SUBHASH PATIL AND ANR.versusMAYA SANJAY PATIL AND ORS.
- Disposal
- Disposed Off
Holding
The appellate court correctly rejected the petitioners' application for impleadment, and the writ petition is dismissed.
Summary
The petitioners, who purchased the disputed property on 16‑02‑2019, filed a writ petition challenging the District Judge's order rejecting their application for impleadment in an appeal concerning the same property. They argued that as bonafide purchasers their proprietary rights were affected and that the appellate court should have allowed them to be joined as parties. The court examined the timeline, noting that the original suit was filed in 2014, the decree was passed on 25‑03‑2019, and the petitioners bought the property just before the decree became final. It held that the petitioners are bound by the outcome of the pending appeal and that their interests are already represented by the vendor who is a party to the appeal. Consequently, the court found no error in the appellate court’s order and dismissed the writ petition for lack of merit.
Issues considered
- Whether a third‑party purchaser can be impleaded in an appellate proceeding when the original suit has been decreed and the appeal is pending
- Whether the appellate court erred in rejecting the petitioners' application for impleadment
Subjects
- impleadment
- third party purchaser
- civil appeal
- property rights
- jurisdiction
- writ petition
Judgment
1
65-WP-429-2026 (C).DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 429 OF 2026
Vijay Subhash Patil And Anr.
VERSUS
Maya Sanjay Patil And Ors.
Mr. Aditya S Raktade, Advocate for Petitioners
CORAM : SACHIN S. DESHMUKH, J.
DATE : 18th MARCH 2026.
P.C.
1. Heard.
2. The petitioners have raised an exception to the order dated
19/06/2025 rendered by District Judge-1, Islampur, below Exhibit 24
in Regular Civil Appeal No. 6/2020 seeking impleadment as a party in
a pending proceeding between the respondents herein, which came to
be rejected.
3. Learned counsel for the petitioners submits that the
petitioners are the third party having purchased the suit property
pursuant to sale deed dated 16/02/2019 in relation to which Regular
Civil Suit No. 20/2014 was decreed vide Judgment and Order dated
25/03/2019 by Jt. Civil Judge, Junior Division, Shirala. Consequently,
the appeal, was preferred and during its pendency, the petitioners
Iresh
2
65-WP-429-2026 (C).DOC
herein sought impleadment, being bonafide purchasers of the
disputed property contending that it affects their proprietary rights.
However, the Appellate Court has failed to exercise its jurisdiction
judiciously and has rejected their application for the same while
rendering the order under challenge.
4. Upon considering the submissions of learned counsel for the
petitioners and perusal of the record indicates that the decree in a
suit against which the aforesaid appeal is preferred was instituted in
the year 2014 challenging the sale deed executed in the year 2005.
The record further indicates that the present petitioners being third
party, conscious of pending litigations, purchased the disputed suit
property on 16/02/2019 while the suit was decreed on 25/03/2019.
Thus, the said property was purchased at the fag end of the litigation,
as such, the present petitioners are bound by the outcome of the
proceedings. All these aspects are rightly considered and appreciated
by the Appellate Court.
5. In any event, the petitioners’ interest is adequately
represented by the vendor, who has already presented an Appeal.
Allowing such impleadment at the appellate stage would complicate
and delay the proceedings those are otherwise between the original
litigating parties.
Iresh
3
65-WP-429-2026 (C).DOC
6. In view of the aforestated peculiar circumstances, no error is
noted in the order under challenge. The Petition sans merits.
Accordingly, stands dismissed.
(SACHIN S. DESHMUKH, J.)
IRESH Digitally signed by IRESH
MASHAL
MASHAL Date: 2026.04.08 11:21:56
+0530
Iresh
Checking your session…