SMT. PREMA AMRITHAM AIYER (NIECE OF LATE MARY MOSES PETER) vs SUDHA VITTHAL AMARAPURKAR AND ANR

Judgment text excerpt

2025:BHC-AS:2910 1-WP-2627-2024.DOC Arun Sankpal IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2627 OF 2024 Prema Amritham Aiyer Age: 80 yrs, Occ. Retired, (Niece of Late Mary Moses Peter) Residing at 9603, 48th Place, College Park, Maryland, 20740-1611, USA And 819, Dastur Meher Road, Pune -1. ..Petitioner Versus 1. Sudha Vitthal Amarapurkar Age-75, Occupation – Doctor 2. Padma Vitthal Amarapurkar Age-73, Occupation-Service Both Respondent Nos. 1 and 2 are residing at S.No. 137/2, Plot No. 11/1, …Respondents Opp. ITI, Aundh, Pune 411 007. Mr. Mandar Limaye, with Mr. Vedant Bende, i/b Vaibhav Patankar & Associte, for the Petitioner. Mr. Jaydeep Deo, for the Respondent. CORAM: N. J. JAMADAR, J. DATED : 20th JANUARY 2025 JUDGMENT: 1. Rule. Rule made returnable forthwith. With the consent of the learned Counsel for the parties heard finally. 1/19 1-WP-2627-2024.DOC 2. By this Petition under Article 227 of the Constitution of India, the Petitioner assails the legality, propriety and correctness of common order passed by learned District Judge, Pune on 4th January 2024, whereby the Application preferred by the Petitioner (Exhibit “49”) and another Application preferred by Mr. Suresh Pandurang Ghodke (Exhibit “77”) to implead them as the parties to RCA No. 324 of 2012 in the capacity of legal representatives of Marybai Moses Peter, the deceased Respondent, came to be rejected. 3. Shorn of the unnecessary details, the background facts leading to this Petition can be summarized as under: 4. The Respondents-Plaintiffs had instituted a Suit for specific performance of a contract for sale executed by Marybai Peter, being Special Civil Suit No. 34 of 1984. The said Suit was partly decreed by Judgment and Order dated 20th September 1990. Th