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Bombay High Court

RAJESH VASANTRAO JOSHIversusRAHULL DYANDEO SUKTE AND ORS

Disposal
DISPOSED OFF

Holding

The trial court was correct in rejecting the petitioner's application for impleadment; the plaintiff, as dominus litis, cannot be compelled to implead the petitioner.

Summary

The petitioner, Rajesh Vasantrao Joshi, challenged a order of the Civil Judge Senior Division, Aurangabad, which had rejected his application to be impleaded as a defendant in Special Civil Suit No. 346 of 2025 filed by Rahull Dyandeo Sukte. The respondent‑plaintiff sought a declaration that the sale deeds in his favour were illegal, null and void, and a perpetual injunction, claiming ownership based on a registered sale deed executed with the petitioner. The petitioner alleged that the sale deed was obtained fraudulently and that he remained the original owner, seeking to intervene in the suit. The High Court observed that the plaintiff, as dominus litis, was not seeking any relief against the petitioner and therefore the petitioner could not be compelled to be impleaded; the petitioner could instead file a separate suit to challenge the deed. Consequently, the Court affirmed the trial court’s decision and dismissed the writ petition.

Issues considered

  • Whether the petitioner can be impleaded as a defendant in the special civil suit despite not being a party to the reliefs claimed.
  • Whether the trial court erred in rejecting the petitioner's application for impleadment.
  • Whether the petitioner has an alternative remedy to challenge the validity of the sale deed.

Subjects

  • impleadment
  • civil procedure
  • sale deed
  • declaration
  • injunction
  • dominus litis
  • writ petition
  • special civil suit

Judgment

2026:BHC-AUG:23762
                                                                         926-wp-5997-2026.odt
                                                       (1)


                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       BENCH AT AURANGABAD

                                    WRIT PETITION NO. 5997 OF 2026

                                          Rajesh Vasantrao Joshi
                                                 VERSUS
                                       Rahull Dyandeo Sukte And Ors
                                                      ...
                               Advocate for the Petitioner : Mr. Murkute J.M.
                      Advocate for Respondent No.1 : Mr. Sunny S. Khivansara (through
                                                    V.C.)
                                                      ...
                                             CORAM : S. G. CHAPALGAONKAR, J.

                                               DATED : JUNE 17, 2026

                 PER COURT :-

                 1.            The petitioner impugns order dated 15.04.2026 passed

                 below Exhibit-47 by Civil Judge Senior Division, Aurangabad in

                 Special Civil Suit No.346 of 2025, whereby petitioner’s application

                 seeking impleadment as defendant came to be rejected.

                 2.            Respondent no.1 instituted Special Civil Suit No.346 of

                 2025 seeking relief of declaration that sale deeds of defendants are

                 illegal, null and void and also relief of perpetual injunction against

                 them.      The respondent/plaintiff claims that he purchased suit

                 property under registered sale deed from petitioner. The copy of sale

                 deed is placed on record. The petitioner sought impleadment in suit

                 on the ground that he is original owner of property and plaintiff has

                 fraudulently obtained sale deed which does not create title in his

                 favour in respect of suit property.
                                                            926-wp-5997-2026.odt
                                   (2)


3.           Perusal of pleadings in suit shows that plaintiff claims

himself to be owner on the basis of registered sale deed.                 The

petitioner has not challenged said sale deed by filing any independent

suit. As long as sale deed in favour of plaintiff exist, he has right to

protect his interest over suit property on the basis of title.               If

petitioner   wants    to   challenge      validity   of   sale    deed       of

respondent/plaintiff, he can file independent suit seeking declaration

against sale deed. However, looking to nature of pleadings and reliefs

claimed against defendant in suit, impleadment of plaintiff was

absolutely uncalled for.   The Trial Court has rightly observed that

plaintiff is dominus litis and he cannot be compelled to implead

petitioner as defendant in suit when he is not seeking any relief. If

petitioner has independent right over suit property, he can resort to

appropriate remedy as permissible under law without impeded by

impugned order.

4.           In that view of matter, writ petition stands rejected.




                                         (S.G. CHAPALGAONKAR, J.)




Mujaheed//


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