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2026 DAILYLAW 10737 (BOM)

RAMJIBHAI DAYABHAI SARVAYA DIED THROUGH LRS RAMESHKUMAR RAMJIBHAI SARVAYA v. RAMSWARUP RAMDHAN MANTRI DIED THROUGH LRS VIJAYA RAMSWARUP MANTRI

CA/10829/2026 · 2026-09-21

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Judgment text

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( 1 ) 92 ca 10829.26 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 92 CIVIL APPLICATION NO. 10829 OF 2026 WITH CIVIL APPLICATION NO. 5779 OF 2026 IN SA/45/2000 RAMJIBHAI DAYABHAI SARVAYA DIED THROUGH LRS RAMESHKUMAR RAMJIBHAI SARVAYA VERSUS RAMSWARUP RAMDHAN MANTRI DIED THROUGH LRS VIJAYA RAMSWARUP MANTRI ….. Advocate for Applicant : Mr. Deshpande Niranjan Milind ….. CORAM : SANJAY A. DESHMUKH, J. DATE : 21.09.2026 P.C.:- Civil Application No.10829 of 2026: 1. This is an application for impleading the subsequent purchaser as respondents. Perused the application. 2. Learned advocate for the respondents is absent. 3. Considering the fact that the sale transactions took place during the pendency of the appeal, and having regard to the peculiar facts and circumstances of the case, it would be proper to allow the application as prayed for. Accordingly, the application is allowed as prayed for. Amendment be carried out within two weeks. The application is disposed of. ( 2 ) 92 ca 10829.26 4. After the amendment is carried out, issue notice to the respondents, returnable on 08.10.2026. 5. The applicant shall supply copies of the appeal memo and other relevant documents. Civil Application No.5779 of 2026: 6. This is an application for grant of temporary injunction, by which the following reliefs are claimed by the applicants: “A] The civil application may kindly be allowed. B] The Hon'ble Court may be pleased to restrain the respondent/ orig. plaintiff and their legal heirs or agents from claiming any title or create third party interest and restrain the respondent/orig. plaintiff their legal heirs or agents from constructing any additional structures on the suit property. C] Ad-interim relief in terms of prayer clause-B may kindly be granted in favour of the applicants.” 7. Today, this Court disposed of Application No. 10829/2026, whereby the subsequent purchasers of the subject matter of the suit property were permitted to be impleaded as respondents. However, the learned advocate for the appellant pointed out that the purchasers are creating third- party interests, carrying out construction, and are also likely to sell the property to another person. He, therefore, prayed for restraining them by way ( 3 ) 92 ca 10829.26 of an ad interim temporary injunction. 8. In view of his submissions and considering the urgency of the matter, he is permitted to amend the application accordingly so that the said third-party purchasers may be added as respondents in this application. He is also permitted to incorporate paragraphs alleging their acts in respect of the property. However, considering the urgency of the matter and the peculiar facts and circumstances of the case, it would be appropriate to grant ad interim relief in terms of prayer clause-C. 9. Learned advocate for the appellant is directed to communicate this order by RPAD/Speed Post to the proposed respondents (purchasers), who have been directed by this Court to be added in the cause title of the main appeal as well as in the present application. 10. Parties to act upon an authenticated copy of this order. [SANJAY A. DESHMUKH, J.] mubashir