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2023 DAILYLAW 2506 (BOM)

KAMRUDDIN IBRAHIM TELI DECD. THR LEGAL HEIRS v. M/S. YASHRAJ BUILDERS AND DEVELOPERS THR VINOD D. PAWAR AND ORS

WP/11407/2023 · 2026-03-04

Shri Sandeep V Marne

body2023

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Renuka 13-wp-11407-2023.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11407 OF 2023 Kamruddin Ibrahim Teli Decd. Thr Legal Heirs ...Petitioners V/s. M/S. Yashraj Builders And Developers Thr Vinod D. Pawar And Ors ...Respondent ______________ Mr. Pavan Patil with Mr. Shubham Saraf and Mr. Tanmay Deshmukh i/b Abhijit Kulkarni for the Petitioners. Ms. Vedika S. Bhoir i/b Mr. Vaibhav D. Kadam for the Respondent No. 20 ______________ CORAM: SANDEEP V. MARNE, J. DATED: 04 March 2026. P.C.: 1) The Petition challenges order dated 6 July 2023 passed by 6th Joint Civil Judge, Senior Division, Thane allowing the Application at Exhibit- 201 and directing impleadment of Respondent No. 20 as Defendant No. 19 to the Suit. 2) I have heard Mr. Patil, the learned counsel appearing for the Petitioners and Ms. Bhoir, the learned counsel appearing for Respondent No.20 and considered the submissions canvassed by them. 3) Respondent No. 20 sought her impleadment as a Defendant to the Suit claiming herself to be the daughter of 8rst wife of late Kamruddin Ibrahim Teli. Based on documents produced by Defendant No. 20, the Trial Court has conducted a prima facie scrutiny of her claim and has recorded prima Page No. 1 of 2 04 March 2026 Renuka 13-wp-11407-2023.docx facie 8nding that she could be the daughter of late Kamruddin Ibrahim Teli. The 8nding however is not conclusive and Plaintiff can always prove during the course of trial that Respondent No. 20 is indeed not the daughter of Late Kamruddin Ibrahim Teli. Based on documents produced on behalf of Respondent No. 20, the Trial Court has arrived at a conclusion that participation of Respondent No. 20 in the suit is necessary for the purpose of avoiding multiplicity of proceedings. 4) Accordingly, Respondent No. 20 is directed to be impleaded as Defendant No. 19 in the suit. Considering the above position, no interference is warranted. 5) Writ Petition is accordingly dismissed. It is however clari8ed that it would be open to the Plaintiff to prove before the trial Court that Respondent No. 20 is not the daughter of late Kamruddin Ibrahim Teli. 6) All rights and contentions of the parties are expressly kept open. [SANDEEP V. MARNE, J.] Page No. 2 of 2 04 March 2026 MEGHA SHREEDHAR PARAB Digitally signed by MEGHA SHREEDHAR PARAB Date: 2026.03.04 18:19:50 +0530