Megha 18_wp_8349_2017 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8349 OF 2017 Kum Sulochana Barku Patil and Anr. ...Petitioners V/s. Maruti Barku Patil and Ors. ...Respondents ________________ Mr. Vilas N. Mali for the Petitioners. Mr. Rahul Thakur for the Respondents. ________________ CORAM: SANDEEP V. MARNE, J. DATED: 2 SEPTEMBER 2026. P.C.: 1) Petition challenges order dated 19 January 2026 passed by the learned Joint Civil Judge, Junior Division, Panvel, impleading Respondent Nos.6 to 8 as party Defendants to the Suit. 2) I have heard Mr. Mali, the learned counsel appearing for the Petitioners and Mr. Thakur, the learned counsel appearing for the Respondents and have considered the submissions canvassed by them. 3) The Suit is filed by the Plaintiffs seeking partition of suit properties amongst their own family members. Respondent Nos.6 to 8 Page No. 1 of 2 2 September 2026 2026:BHC-AS:36194 Megha 18_wp_8349_2017 claim to be children of Radhibai Chary Bhagat, who was sister of father of the Plaintiffs. It is the case of Respondent Nos.6 to 8 that grandfather had granted land bearing Survey No. 29/1 admeasuring 0-15-2 H to Radhibai. Thus, it is the case of Respondent Nos.6 to 8 that land bearing Survey No.29/1 is not a property, which can be considered in the common hotchpotch for being partitioned. 4) In my view, therefore, Respondent Nos.6 to 8 are necessary parties in the Suit. Their impleadment is rightly allowed by the Trial Court. At this stage, Mr. Mali submits that the Trial Court be directed to frame an issue as to whether land bearing survey No.29/1 is a joint family property of Plaintiffs and original Defendants or whether it is a separate property allotted to Radhibai Chari Bhagat. 5) Writ Petition is accordingly disposed of by directing the Trial Court to frame an issue as to whether the land bearing Survey No.29/1 admeasuring 0-15-2 H is joint family property of Plaintiffs and original Defendants or it is a separate property of Radhibai Chari Bhagat (newly added Defendant). [SANDEEP V. MARNE, J.] Page No. 2 of 2 2 September 2026 Signed by: Megha S. Parab Designation: PA To Honourable Judge Date: 03/09/2026 15:51:15