903-WP-9510-18.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 9510 OF 2018 Shaikh Gulam Hussain @ Miya Nur Miya @ Baban Shah Since deceased, through L.Rs. Shaikh Gulam Rasul Shaikh Gulam Hussain and Others ..PETITIONERS VERSUS Beed Municipal Council, Beed Through its Chief Officer and Another ..RESPONDENTS .... Mr. H.V. Tungar, Advocate for petitioners Ms. A.A. Qyadari, Advocate for respondent no.2 .... CORAM : ROHIT W. JOSHI, J. DATE : 20th AUGUST, 2026 PER COURT : 1. The present petitioner has filed a suit bearing R.C.C. No. 290 of 2014 against the present Respondent No.1 / Municipal Council, Beed. The petitioner claims ownership over the land, bearing Municipal Council Property No. 3-3-2. According to the description of the suit property in the plaint, the western boundary of the suit property is the land bearing Municipal Council Property No. 3-3-1 which belongs to Dayra Kabrastan. According to the plaint averments, on the eastern side of the suit property, there is a land bearing no. 3-3-3 owned by Mohd. Jafar Shaikh Lal. The prayer in the suit is for 1 / 6 2026:BHC-AUG:38179 903-WP-9510-18.odt declaration of the ownership over the suit property and for direction to include the name of the petitioner in the relevant records as owner of the suit property and further a decree for perpetual injunction against the defendant from disturbing possession of the plaintiff over the suit property. The area of suit property, as mentioned in the plaint, is 22.86 mtr. X 22.86 mtr. i.e. total 592.20 sq.mtrs. The boundaries of the suit property, as mentioned in the suit, are reproduced herein below :- iqosZl %& egen tkQj “ks[kyky ;kaps jkgrs ?kj if”pesl %& nk;jk ethn o dczzLrkuph cafnLr pkSfnokjhP;k vkrhy tkxk nf{k.ksl %& ^pankek* ethn & nxkZ o dczLrkuph tkxk mRrjsl %& ck;ikl jksM rs eksehuiwjk Hkkxkr tk.kkjk iwoZ if”pe jksM 2. In this suit, Respondent No.2 – Dayra Kabrastan filed an application under Order I Rule 10 of the Code of Civil Procedure for adding it’s name as party defendant in the suit. It is stated in the application that the Respondent No. 1 – Municipal Council has issued an advertisement for allotment of the suit property on leasehold basis and that immediately after gathering knowledge of the same, Respondent No.2 had raised an objection stating Respondent No. 1 - Municipal Council did not have any authority to let the suit property on lease. It is contended that the suit property is a part of City Survey No.8338, admeasuring 4362.5 sq.mtrs. owned by Muslim Kabrastan / Dayra Kabrastan. It is alleged that the plaintiff intends to disrupt the suit property by obtaining the decree from the Court. The plaintiffs 2 / 6 903-WP-9510-18.odt opposed the application by filing reply stating that the Municipal Council had entered their names in the relevant record with respect to the suit property disregarding right of the plaintiffs over the same, therefore, it was necessary to file the suit. It is stated that the property of Respondent No.2 – Dayra Masjid is on the western side of the suit property, and therefore, it is neither a necessary nor a proper party to the suit. 3. The learned trial Court has allowed the application for inclusion of Respondent No.2 as defendant in the suit vide order dated 26th June, 2018. The learned trial Court has observed that Respondent No.2 had stated that the suit property was actually in its occupation and used for the purpose of Kabrastan and as such, right of Respondent No.2 was likely to be affected by the outcome of the suit. The learned trial Court observed that the plaintiff did not dispute existence of Waqf Kabrastan. In view of aforesaid observations, the learned trial Court has allowed the application for inclusion of Respondent No.2 as defendant in the suit. 4. Perusal of the plaint indicates that the plaintiffs have not sought any relief against Respondent No.2. The plaintiffs claim ownership over the property bearing Municipal Council Property No. 3-3-2. According to the plaintiffs, the property of Respondent No.2 is bearing Municipal Council Property No. 3-3-1. Respondent No.2 has filed reply in the present petition. Alongwith reply a map is filed showing existence of Property bearing City 3 / 6 903-WP-9510-18.odt Survey No. 8338 i.e. Municipal Council Property No. 3-3-1 marked in yellow colour and property bearing City Survey No. Nil, Municipal Council Property No. 3-3-2 marked in pink colour. The map which is filed on record by Respondent No.2 indicates that the property bearing Municipal Council Property No. 3-3-2 is not part of City Survey No. 8338. Respondent No.2 does not claim that the property bearing City Survey No.Nil is allotted to it. 5. Normally, no person can be added as party to the suit against the wish of the plaintiff. However, this rule is not absolute and is subject to certain exceptions. When a person intends to be included in the suit against the wish of the plaintiff, such person must establish that it is a necessary party to the suit, meaning that the suit cannot be decided meaningfully in his absence or that the rights of the said person are bound to be adversely affected by the outcome of the suit. It must also be stated that even if a person is a proper party, such person cannot be implicated as party to the suit against the wish of the plaintiff. A person can be added as party to the suit against the wish of the plaintiff only if it demonstrates that such person is a necessary party. 6. As mentioned above, the plaintiffs have claimed relief only against Respondent No.1 – Municipal Council. The plaintiffs do not claim any relief against Respondent No.2 – Dayra Kabrastan. According to the plaintiffs, the property of Dayra Kabrastan is allocated at the western boundary of the suit 4 / 6 903-WP-9510-18.odt property. Although Respondent No.2 – Dayra Kabrastan claims to be in occupation of the suit property, the plaintiffs have not claimed any relief against it. A decree for injunction as is well settled binds only parties to the suit. As regard the prayer for declaration for ownership, such declaration even if granted will bind only to the parties to the suit and not third parties who are strangers to the suit. Such legal position is settled by Hon’ble Supreme Court in the case of Deccan Paper Mills Co. Ltd. Vs. Regency Mahavir Properties and Ors., (2021) 4 SCC 786. Adjudication of the suit will not affect any right of Dayra Kabrastan, if it is not joined as party to the suit. In that sense, right of Dayra Kabrastan will not be adversely affected by adjudication of the suit. The trial Court has allowed the application for addition of party without adverting to this legal position. 7. In the light of reasons recorded above and in view of the considered opinion of this Court, the learned trial Court has erred in allowing the application by including Respondent No.2 as defendant in the suit. Writ petition is allowed. The impugned order dated 26th June, 2018 passed by the learned C.J.J.D., Beed in Application Exhibit 24 in R.C.S. No. 290 of 2014 is hereby quashed and set aside and the Application Exhibit 24 is rejected. 8. It is clarified that the decree that may be passed in favour of the petitioners / plaintiffs in the suit will not affect any right of Respondent No.2 – Dayra Kabrastan, since it is not a party to the suit. The petitioners will not 5 / 6 903-WP-9510-18.odt be entitled to take any action against Respondent No.2 – Dayra Kabrastan on the basis of any decree that may be passed in their favour in the suit. ( ROHIT W. JOSHI, J. ) SSD 6 / 6