1 Wp No.7079/10 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7079 of 2010 Anant Haribhau Satav & ors. ... Petitioners versus Champabai Baban Thorat & ors. ... Respondents ... Mr. Butekar i/b Uday Warunjikar for the petitioner. CORAM : D.G. KARNIK, J DATED : 19th November 2010 P.C. 1. Heard learned counsel for the petitioner. 2. Petitioners challenge the order dated 29 April 2010 passed by the learned Civil Judge, Jr. Division allowing the application of the respondent no.5 (third party to the suit) for joining him as party to the suit. 3. In a suit for partition between the parties, respondent no.5 made an application for being joined as party plaintiff on the ground that he was a purchaser of some part of the property and also a Power of Attorney holder. The plaintiff did not contest the said application. The Court therefore allowed the application. The original defendant have n 2 Wp No.7079/10 filed this writ petition challenging the said order. Learned counsel for the petitioners submits that petitioners were not issued notice of the said application and therefore the order is bad in law. The petitioners were parties to the suit and had appeared in the suit. As such, they had the notice of the application made by the third party and they could have objected to the said application by filing a say to the application though no independent notice was issued to them. Hence, in my view, that ground does not survive. 4. The third party being a purchase of the part of the property and also the power of attorney holder of the vendor is a proper party to the suit. There is no merit in the writ petition which is hereby rejected summarily. (D.G.KARNIK, J)