1 WP-964-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 964 OF 2011 Amol Ashok Inamdar ... Petitioner (Orig.defendant No.3) vs. Bhalchandra Damodar Thakare & Ors. Respondents Shri Sanjay Jain, i/b. M/s. L.J.Law for the petitioner. Shri P.G.Karande,Advocate, for the respondents CORAM: J.H.BHATIA,J. DATE : 11th July, 2011. P.C. 1. Heard the learned Counsel for the parties. 2. The respondent No.1, who is the original plaintiff, had filed RAE Suit No.674/1179 of 2008 before the Small Cause Court at Mumbai for eviction and possession against the defendant Nos. 1 to 3, who are the tenants. The defendant Nos. 4 to 7 being the co-owners of the property were impleaded as formal parties. No relief was sought against them. Pending the suit, the defendant No.6 died. The plaintiff made amendment and deleted his name without bringing his L.Rs. on record. The defendant no.3, who is the present petitioner, moved an application for making amendment to raise a ground that the 2 WP-964-11.sxw suit is bad for non-joinder of necessary parties. That application was rejected on the ground that the defendant No.6 was only a formal party as no relief was sought against him. That order is challenged in the present petition. 3. After hearing the parties, I find no substance in the present petition as there is no illegality in the impugned order. Hence, the Petition stands dismissed. 4. The learned Counsel for the petitioner seeks stay to this order. The request is rejected. (J.H.BHATIA,J.)