Sonali Mane 7-WP-7516-2025.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7516 OF 2025 Late Vithoba Lonkar Decd. Thru. Lhrs. Anuradha Anil Lonkar & Ors. … Petitioners Versus Ashok Ramchandra Shevale & Anr. … Respondents Adv. Rajesh More for Petitioners. None for Respondents. CORAM : ARUN R. PEDNEKER, J. DATE : 21 AUGUST, 2026 P.C. : 1. Heard learned counsel for the Petitioners. 2. The application filed by the Defendants to make the other co- owners as parties to the proceedings has been dismissed. It is settled law that one of the co-owners can continue the suit for eviction, and all the co-owners need not be parties to the suit for eviction. 3. In this regard, reliance can be placed on M/s India Umbrella Manufacturing Co. & Ors. v. Bhagabandei Agarwalla (Dead) by LRs. Smt. Savitri Agarwalla & Ors., (2004) 3 SCC 178, wherein the Supreme Court at para no 6 held as under: 1 / 2 MANE SONALI DILIP Digitally signed by MANE SONALI DILIP Date: 2026.08.25 14:59:20 +0530 Sonali Mane 7-WP-7516-2025.docx "6. It is well settled that one of the co-owners can file a suit for eviction of a tenant in the property generally owned by the co-owners. (See Sri Ram Pasricha v. Jagannath and Dhannalal v. Kalawatibai, SCC para 25.) This principle is based on the doctrine of agency. One co-owner filing a suit for eviction against the tenant does so on his own behalf in his own right and as an agent of the other co-owners. The consent of other co-owners is assumed as taken unless it is shown that the other co-owners were not agreeable to eject the tenant and the suit was filed in spite of their disagreement". 4. The Supreme Court in the case of Kanaklata Das and Ors. Vs. Naba Kumar Das and Ors. reported in (2018) 2 SCC 352 at paragraph 11 has laid down some well-settled principles on the questions of law in a suit between the landlord and the tenant. Particularly in paragraph 11.6 as noted below: "11.6. Sixth, if there are co-owners or co-landlords of the suit premises then any co-owner or co-landlord can file a suit for eviction against the tenant. In other words, it is not necessary that all the owners/landlords should join in filing the eviction suit against the tenant. (See Kasthuri Radhakrishnan v. M. Chinniyan.)" 5. In view of the same, no case is made out for interference. Accordingly, the Writ Petition is dismissed. [ARUN R. PEDNEKER, J.] 2 / 2