1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETITION NO.3648 OF 2009 1. HARISCHANDRA BABARAO SHINGNE, R/O. CHINCHOLI, DISTT. AMRAVATI. .. PETITIONER/S. VERSUS 1. DADARAO BABARAO SHINGANE, R/O.CHINCHOLI, DISTT. AMRAVATI. .. RESPONDENT/S. _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. ______________________________________________________________________________ Shri V.S.Bapat, Advocate for Petitioner. CORAM : R.C.CHAVAN, J. DATED : AUGUST 31, 2009. 1. Heard. 2. This petition by defendant in Regular Civil Suit No.36 of 2007 against an order passed by learned Civil Judge Junior Division, Anjangaon, rejecting petitioner’s application for joinder of owner of Gut No.143 as co- defendant. Gut No.143 is also owned by one of the brothers of the parties. The petitioner filed application on the basis of some observations by the Hon’ble Minister while hearing the appeal, holding that some area from Gut No.145 was reduced while creating boundaries of Gut No.143. However, that would be a dispute between the owners of Gut No.145 2 and Gut No.143 and would have nothing to do with the plaintiff’s dispute about encroachment over his Gut No.144. The plaintiff has specifically come with a case that defendant i.e. petitioner had encroached upon the plaintiff’s land Gut No.144 and would either succeed on proving the encroachment or would fail if the encroachment is not proved. Joinder of owner of Gut No.143 is not warranted. 3. The learned Judge has rightly rejected the application. The petition is, therefore, dismissed. JUDGE RR.