Judgment · High Court · 2026

CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT Date : 21/07/2026 ORAL ORDER

#1. Heard Mr.S.P.Majmudar, learned advocate with Mr.Jamshed Kavina, learned advocate for the appellants.

#2. After arguing for some time, under the instructions of his clients, Mr.Majmudar, learned advocate for the appellants, does not press this appeal from order.

2.1 Nonetheless, Mr.Majmudar, learned advocate would submit that during the pendency of the suit/injunction application filed below Exh.5, defendant Nos.1 to 3 have sold the suit land in favour of a third party.

2.2 Mr.Majmudar, learned advocate would further submit that the appellants have also preferred necessary application to implead that third party purchaser (subsequent purchaser) to be joined as party defendant in the suit and same is C/AO/107/2026 ORDER DATED: 21/07/2026 pending for adjudication. So, it is submitted that once the subsequent purchaser will be joined in the suit proceedings, the appellants may be allowed to file necessary application seeking appropriate relief against the subsequent purchaser.

#4. The permission as sought for is granted. It is open for the appellants – original plaintiffs to file appropriate application seeking appropriate relief against the subsequent purchaser of suit property once he will be joined in the suit proceedings. As and when such application will be filed, after giving an opportunity of hearing to the parties concerned, the Trial Court may decide such application, in accordance with law.

#5. It is made clear that this Court has neither gone into nor examined the merits of the matter.

#6. With the aforesaid observations and directions, the present appeal from order is disposed of, as not pressed. Consequently, the connected Civil Applications would not survive and they are also disposed of, accordingly. GAURAV J THAKER (MAULIK J. SHELAT, J)