-: 1 :- caw­ 2582/10. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICTION NO. 2582 OF 2010 IN WRIT PETITION NO. 5083 OF 2010 Dinkarrao Bapu Gurav. ..Applicant. Versus Shailendra B. Kshirsagar & Others. ..Respondents. Mr. Purushottam G. Chavan for the Applicant. Mr. U. P. Warunjikar for respondent nos. 6 to 16. Coram : RANJIT MORE, J. Date : October 19, 2010. P. C. : 1. Heard Mr. Chavan, learned counsel for the applicant, Mr. Warunjikar for respondent nos. 6 to 16. By the present civil application, the applicant seeks to recall the order dated 22nd July 2010 passed in the aforesaid writ petition and to allow the applicant to join as party respondent in the said writ petition. By the said order, writ petition filed by respondent nos. 1 to 5 came to be disposed of by directing the learned District Judge to dispose of respondent nos. 1 to 5’s application expeditiously and preferably within the period of four weeks from the date of receipt of order. The interim order passed on 1st July 2010 was continued till the disposal of the said application by the learned District Judge. It is expressedly made clear in the said order that merits of the srp -: 2 :- caw­ 2582/10. respondent nos.1 to 5’s application before the District Judge have not been gone into and all the contentions of both parties are kept open expressedly. 2. Learned counsel for the applicant submitted that the application before the District Judge filed by respondent nos.1 to 5 itself is not maintainable. If that be the contention of the applicant, the applicant is entitled to apply to the District Judge for intervention in the application filed by respondent nos.1 to 5. I am told that the applicant, in fact, has filed an intervention application. Learned District Judge is bound to consider the said application on its own merits. The applicant is always at liberty to agitate before the learned District Judge that application of respondent nos.1 to 5 is not maintainable. In these facts and circumstances, no order need to be passed on this civil application. Application is, therefore, disposed of subject to the observations made hereinabove. (RANJIT MORE, J.)