1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10259 OF 2004 Along with Civil Application No.934 of 2009 M/s Caprihans India Ltd .. Petitioner Vs Shri Jitendra A .Sheth & ors .. Respondents Mr. P.S.Dani, Advocate for the petitioner. Mr. Ankit Lohia i/b N.K.Mudnaney, Advocate for Respondent nos 1 to 5. Mr N.S.Dhumal for respondent no.6. CORAM : D.B.BHOSALE, J. DATE : 22/07/2009 PC: 1. Heard learned counsel for the parties. 2. Rule. Returnable forthwith. Counsel for the respondents waive service. Petition is heard finally with the consent of the parties. 3. By this writ petition, the petitioner-defendant no.1 has impugned an order dated 24.9.2004 passed in Interim Notice no. 519 of 2003 in T.E. & R Suit No.315/374 of 2000 filed before the Small Causes Court. By that order, the application filed by T 2 defendant no.1 for adding respondent nos 6 and 7 as party defendant nos 2 and 3 in the suit, was rejected. According to the defendant no.1, respondent nos 6 and 7 are sub-tenants and hence they are necessary parties in the suit. Learned counsel for plaintiffs-respondent nos 1 to 5, submits that without admitting that respondent nos 6 and 7 are sub-tenants, the plaintiffs have no objection for allowing this petition. In view thereof, the petition is made absolute in terms of prayer clause (b). Prayer clause (b) reads thus: “(b) that this Hon’ble Court be pleased to issue writ of mkandamus or any other writ, order or direction in the nature of mandamus and/or any other appropriate writ, order or direction to call for the records and proceedings in Int.Notice No.519 of 2003 in T.E. & R Suit No.315/374 of 2000 filed before the Court of Small Causes Court at Bombay and after perusing the said records and proceedings and the impugned Judgment and order dated 24th September 2004 and also after perusing the entire records and proceedings this Hon’ble Court be pleased to quash and set aside the order dated 24th September,2004 and the application for rejoinder of parties may be allowed.” 4. Learned counsel for respondent nos 1 to 5 submits that the plaintiffs will carry out amendment within a period of four weeks from today. His statement is accepted. The writ petition is accordingly disposed of. Suit is expedited. All contentions of the 3 parties are kept open. In view of disposal of the writ petition, Civil Application No 934 of 2009 stands disposed of. (D. B. Bhosale, J.)