IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4884 OF 2008 Kisan Ramchandra Korde ...Petitioner Versus Vishwas Dattatraya Dhamdere & Ors. ...Respondents ...... Mr.Jagdish Choudhary i/b M/s.Nankani & Associates for Petitioner. None for Respondents. ...... CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. JULY 10, 2008. JULY 10, 2008. JULY 10, 2008. P.C. P.C. P.C. 1. Heard Counsel for the Petitioner. 2. I see no infirmity in the opinion recorded by the Court below either in the order dated 3rd August 2007 rejecting Application Exhibit 80 filed by the Petitioner for impleading him as Defendant in the counter claim as also the order dated 31st March 2008, praying for review of the order dated 3rd August 2007. The Court below has rightly found that the Petitioner has no causal connection with : 2 : the relief claimed in the counter claim. The Petitioner cannot be said to be necessary or for that matter, proper party in the context of the relief claimed in the counter claim. The argument of the Petitioner that Sale Deed has been executed in favour of the Petitioner by the original Defendant, clearly overlooks that the said Sale Deed has been executed after institution of the Suit. The said Sale Deed will have to therefore, abide by the outcome of the Suit. The Petitioner cannot claim relief higher than the Respondent through whom he claims on account of the Sale Deed pressed into service. 3. No ground is made out for exercising writ jurisdiction. Hence, dismissed. 4. The Petitioner, through Counsel undertakes to pay the deficit Court fee for having challenged two separate orders in one Petition. That be paid within one week from today, failing which, the Office shall list the matter under caption direction on 21st July 2008 to issue appropriate orders in that behalf. : 3 : A.M.KHANWILKAR, J.