Writ Petition No. 1865 of 2024 · Bombay High Court
Case Details
2025:BHC-AUG:16335 939-wp-1865-2024 -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 939 WRIT PETITION NO. 1865 OF 2024 Kamalbai Shriram Mahajan Age : 67 Years, Occu : Household R/o. Near Swami Samarth Kendra Raver, Tal. Raver, Dist. Jalgaon Through General Power of Attorney Anil Shriram Mahajan Age : 39 years, Occu: Agriculturiest R/o. Near Swami Samarth Kendra, Raver, Tal. Raver, Dist. Jalgaon VERSUS ...Petitioner Shaikh Aziz Shaikh Isak Age: 67 Years, Ooru: Labour (Deleted as per court orders) Shaikh Husen Shaikh Isak Age: 45 Years, Oocu: Labour Shaikh Sharif Shaikh Isak Age: 37 Years, Occu: Labour All R/o. Green Park Colony, Bhadgaon, Tal. Bhadgaon, Dist. Jalgaon Rahimabi W/o. Akbar Age: 72 Years, Occu : Household R/o. C/o. Akbar Shaikh Sardar Near Nagardevala Darwaja, Pachora, Tal. Pachora, Dist. Jalgaon Akilabi W/o. Shaikh Ajam Age: 70 Years, Occu: Household Shakilabi W/o. Isaq Manyar Age: 65 Years, Occu: Household Both Rio. Green Park Colony, Bhadgaon 1. 2. 3. 4. 5. 6. Narwade 939-wp-1865-2024 -2- 7. 8. 9. 10. Tal. Bhadgaon, Dist. Jalgaon. Maherajbi W/o. Shaikh Ayyub Age: 57 Years, Occu: Household R/o. C/o. Shaikh Ayyub Shaikh Ramjan Bandanvas Colony, Desale, Tal. and Dist. Dhule. Nurjahabi W/o. Shaikh Igbal Age: 59 Years, Oecu: Household R/o. Adavad, Manyargalli, Tal. Chopda, Dist. Jalgaon Saherabi W/o. Shaikh Salim Age: 58 Years, Occ: Household Khatunbi Shaikh Isaq Age: 67 Years, Occu: Household Both R/o. Green Park Colony, Bhadgaon, Tal. Bhadgaon, Dist. Jalgaon. 11. Shaikh Farid Shaikh Rashid Age: 47 Years, Occu: Labour 12. Shaikh Faruq Shaikh Rashid Age: 45 Years, Occu: Labour 13. 14. Shaikh Saeed Shaikh Rashid Age: 42 Years, Occu: Labour All R/o. Shah Gulal Ka Takiya, Rajpura, Tq. and Dist. Burhanpur, Madhya Pradesh. Jakiyabi W/o. Shaikh Rashid Age: 41 Years, Occu: Household R/o. Manyargalli, Chopda, Tal. Chopda, Dist. Jalgaon. 15. Shaikh Tausif Shaikh Usman Age: 22 Years, Occu: Education 16. Jakirabi D/o Shaikh Usman Age: 34 Years, Occu: Household Narwade 939-wp-1865-2024 -3- R/o. Manyarwada, Raver, Tal. Raver, Dist. Jalgaon. 17. Ashabanobi W/o Sk. Mohammad Hanif Manyar Age: 33 Years, Occu: Household R/o. Indira Nagar, Bodwad, Tal. Bodwad, Dist. Jalgaon. 18. Yasminbi W/o Shaikh Ansar Age: 32 Years, Occu: Household R/o. Godhanpur, Tq. Khamgaon, Dist. Buldhana. 19. Jakirabi W/o Ismail Age: 31 Years, Occu: Household 20. Merajbi W/o Shaikh Usman Age: 77 Years, Occu: Household Both R/o. Manyarwada, Raver. Tal. Raver, Dist. Jalgaon. 21. 22. 23. Kubrabi W/o. Shaikh Mojam Age: 87 Years, Occu: Household Kulsambi W/o. Shaikh Maqbul Age: 87 Years, Occu: Household Both R/o. Green Park Colony, Bhadgaon, Tal. Bhadgaon, Dist. Jalgaon. Jinnatbi W/o. Shaikh Gayas Age: 84 Years, Occu: Household R/o. C/o. Gayasoddin Shaikh. Saibaba Society, Gavdevi Dongar, Gilbart Hill Road, Usmaniya Dairy, Andheri West Mumbai. 24. Shaikh Ismail Shaikh Rajjak Age: 47 Years, Occu: Labour 25. Shaikh Ibrahim Shaikh Rajjak Age: 44 Years, Occu: Labour Narwade 26. 27. 28. 29. 30. 939-wp-1865-2024 -4- Armanbi W/o. Hamid Age: 52 Years, Occu: Household (Deleted as per court orders) Bilkisbi W/o. Gulam Age: 49 Years, Occu: Household Sufiyabi W/o. Nabu Age: 46 Years, Occu: Household (Deleted as per court orders) Abedabi W/o. Rajjak Age: 82 Years, Occu: Household All R/o. Manyarwada, Raver, Tal. Raver, Dist. Jalgaon. Shaikh Kalu Shaikh Rehman Age: 47 Years, Occu: Labour R/o. Madina Colony, Raver, Tal. Raver, Dist. Jalgaon. 31. Rajjobi W/o. Shaikh Karim Age: 44 Years, Occu: Household 32. Najmabi W/o. Shaikh Arif Age: 43 Years, Occu: Household Both R/o. Manyargalli, Chopda, Tal. Chopda, Dist. Jalgaon. 33. Murlidhar Dagadu Agrawal Age: 85 Years, Occu: Agril. (Deleted as per court orders) (Deleted as per court orders) Kalabai Murlidhar Agrawal Age: 82 Years, Occu: Agril. Both R/o. Main Road, Raver, Tal. Raver, Dist. Jalgaon. Rashidabi Shaikh Asif Age: 40Years, Occu: Household R/o. Fukatpura, Near Water Tank, Raver, Tal. Raver, Dist. Jalgaon. 34. 35. Narwade 939-wp-1865-2024 -5- 36. Ajgarkha Husenkha Age: 71 Years, Occu: Agril. R/o. 2533, Imamwada, Raver, Tal. Raver, Dist. Jalgaon. ... ...Respondents
Legal Reasoning
Mr. Patil Vijay Bhalerao, Advocate for the Petitioner Mr. Z. J. Pathan, Advocate for Respondent Nos.1 to 23, 31 & 32. Mr. N. V. Dhake, Advocate for Respondent No.2 ... CORAM : ROHIT W. JOSHI, J. DATED : 24th JUNE 2025 JUDGMENT :- 1. Rule. Rule made returnable forthwith. Heard finally by consent of the parties. 2. The petitioner is aggrieved by order dated 07.09.2019 passed by the learned Civil Judge Junior Division, Raver on application at Exhibit-24 in Regular Civil Suit No.114 of 2016 thereby permitting respondents/plaintiffs to amend the Suit in order to challenge sale deed dated 21.01.2011 executed by original defendant no.7 in favour of the present petitioner and also granting permission to add the present petitioner and other purchasers of the suit property as party defendants to the suit. 3. Mr. Patil, the learned Counsel appearing for the petitioner makes a submission that the order impugned is passed without Narwade 939-wp-1865-2024 -6- affording opportunity of hearing to the petitioner in as much as the same is passed without prior notice to the petitioner. He contends that an arguable point as regards limitation arises for consideration and therefore the learned Trial Court should have issued a notice before allowing the application for amendment. 4. Per contra, Mr. Pathan, the learned Counsel appearing for the respondent/plaintiffs contends that by the impugned order, the learned Trial Court has merely permitted the plaintiffs to amend the plaint and to add some persons as parties. He contends that since sale deed in favour of the petitioner is not being disputed by him it is rather in the interest of the petitioner he is arrayed as defendant in the suit. He further contends that all contentions can be raised by the present petitioner in the written statement and it will be open for the petitioner to defend the suit on merits accordingly. 5. Since the impugned order is passed without hearing the petitioner, without going into the merits of the rival contentions, in my considered opinion, it will be expedient that the order impugned is quashed and set aside with a direction to the learned Trial Court to afford opportunity of hearing to the petitioner and decide the application at Exhibit-24 afresh. Hence the following order : Narwade 939-wp-1865-2024 -7-
Decision
ORDER i. ii. Writ petition is party allowed. The order dated 07.09.2019 passed by the learned Civil Judge Junior Division, Raver on application at Exhibit-24 in Regular Civil Suit No.114 of 2016 is quashed and set aside. iii. Learned Trial Court is directed to decide the application at Exhibit-24 afresh after affording opportunity of hearing to the petitioner. iv. The petitioner shall appear before the learned Trial Court on the next date of hearing fixed before the learned Trial Court i.e. on 30.06.2025. v. Petitioner to note that fresh notice for appearance will not be issued in the matter. [ROHIT W. JOSHI, J.] Narwade