Megha 21_wp_2545_2020 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2545 OF 2020 Bharat Bhaskar Bhoir and Anr. ...Petitioners (orig. Plaintiff Nos.2 and 3) V/s. Vinayak Jagannath Bhoir since deceased through legal heirs- 1/1 Pradeep Vinayak Bhoir and Ors. ...Respondents ________________ Mr. Kishor K. Malpathak for the Petitioners. Mr. Sagar Tambe i/b. Mr. Suresh Barne for Respondent Nos.1/1 to 1/4. ________________ CORAM: SANDEEP V. MARNE, J. DATED: 21 AUGUST 2026. P.C.: 1) The Petition challenges order dated 9 August 2019 passed by the learned 2nd Jt. Civil Judge, Senior Division, Thane, allowing Application at Exhibit-117 filed in Regular Civil Suit No.256 of 2006. By the impugned order, the Trial Court has allowed Application preferred by Defendant Nos.1 to 4 under Order I Rule 10 of the Code of Civil Procedure, 1908 (the Code) and has directed the Plaintiffs to implead the proposed Defendants in the Suit. 2) I have hard Mr. Malpathak, the learned counsel appearing for the Petitioner and Mr. Tambe, the learned counsel appearing for Respondent Nos.1/1 to 1/4. Page No. 1 of 2 21 August 2026 2026:BHC-AS:34729 Megha 21_wp_2545_2020 3) The Suit is filed for partition of the suit properties. The Defendants have appeared in the Suit and filed a counterclaim contending that property bearing Survey No. 7/10 is also a joint family property and in the event of decree for partition, even property at Survey No.7/10 be also taken up for consideration. It is Defendants’ case that the property at Survey No.7/10 is alienated by the Plaintiffs in favour of the proposed Defendants. 4) In my view, the enquiry in the counterclaim would be whether property at Serial No.7/10 is a joint family property or not. In the event it is found that the said property is a joint family property, and in the event the Trial Court proceeds to decide shares, the said land can always be put in the share of the Plaintiffs. Alienation in respect of the land at Survey No.7/10 has occurred long before filing of the Suit. In that view of the matter, entry of the proposed Defendants in the Suit would create complications especially in view of the fact that land at Survey No.7/10 is already developed by construction of buildings. Since Survey No.7/10 can always be put in the share of the Plaintiffs in the event of same being treated as joint family property, interest of the Defendants in the Suit is protected. 5) In view of the above discussion, order dated 9 August 2019 is set aside. Writ Petition is allowed in above terms, there shall be no order as to cost. [SANDEEP V. MARNE, J.] Page No. 2 of 2 21 August 2026 Signed by: Megha S. Parab Designation: PA To Honourable Judge Date: 24/08/2026 14:32:53