Spl. C. S. No.

1319/1995

:: ORDER BELOW EXH. 260 ::

(Passed on 07/02/2024)

Third party applicant Nikhil Dilip Balwadkar has filed the

present application for impleading him in the suit.

2] Defendant No. 1-B filed the reply by vide Exh. 263 and ob-
jected the application.
3] Ld. Adv. for third party has submitted that the third party
applicant is great great grandson of Mr. Tukaram Arjuna Balwadkar. The
present suit has been filed by the legal heirs of Baburao Tukaram Bal-
wadkar against the legal heirs of Raghoba Tukaram Balwadkar. He has
further submitted that applicant being the great great grandson of
Tukaram Arjuna Balwadkar has undivided share in the suit property and
he has right in the suit property by birth. Therefore, in order to adjudi-
cate the present suit applicant is the necessary party. Plaintiff has not im-
pleaded him. The present suit is persuaded by power of attorney holder
the plaintiff. He has vested interest in the suit property and deliberately
concealed the material fact and documents from the court. If application
is allowed the suit will adjudicate on merit. If application is rejected it
would cause the multiplicity of the proceeding.
4] Plaintiff has submitted that the court shall pass any order in
the interest of justice.
5] Defendant No. 1-B has strongly objected the application. Ac-
cording to defendant, the father of the third party applicant is already
party in the suit. The third party applicant is the legal heirs of Vitthal
Balwadkar. He has further submitted that plaintiff is claiming his right
through his father, therefore, there is a proper representation to him.
Third party applicant’s father defendant No. 1-A has contested the suit
by filing written statement and also has lead his evidence. Therefore, his
 Spl. C. S. No. 1319/1995

interest is properly represented, therefore, he has submitted that applica-

tion shall be rejected.
6] Perusal of the record it reveals that the suit is filed for the
partition. The applicant is the son of defendant No. 1-A Dilip Balwadkar.
He has claiming the right to him. He has no independent right, there-
fore, his interest is already protected by defendant No. 1-A. Moreover,
the third party applicant is beyond four generations from the common
ancestor, therefore, he is not coparcener of the Joint Hindu Family, there-
fore, he has not right to participate in the suit for partition.
7] It further reveals from application that the applicant has not
stated why he has not applied at the earliest. The suit is pending since
1995, it is for partition and separate possession. Applicant is well verse
with the proceeding. Despite he has not filed the application at the earli-
est. The application is filed at the stage of concluding of evidence, there-
fore, the said delay has not been explained by the applicant. Consider-
ing all the above reasons, I pass the following order :

ORDER
Application is rejected.

Sd/-

Pune (Dr. D. U. Dongare)

th
Date : 07/02/2024 5 Jt. Civil Judge, S.D., Pune.
 Spl. C. S. No. 1319/1995

CERTIFICATE

“I affirm that the contents of this P. D. F. file Judgment/ order is

same word for word as per original Judgment/ order.”

Name of the Court :- Shri. Dr. D. U. Dongare

5th Jt. C.J.S.D., Pune

Name of the Steno :- Sau. M. K. Chaudhary

Date of Judgment/ Order :- 07/02/2024

Judgment/ Order Signed

by P.O. on :- 07/02/2024

Judgment/ order uploaded on:- 07/02/2024