1 wp632.11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Writ Petition No. 632 of 2011 Saraswati w/o Bechoolal Gupta & ors. ... Petitioners v/s. Sushila Ramchandra Edkye & anr. ... Respondents Mr. V.S. Talkute for the petitioners. CORAM:- B.R. GAVAI, J DATED :- APRIL 05, 2011. P.C. By way of present petition, the petitioner challenges the order dated 15th December, 2010. Learned Counsel for the petitioner submits that the suit filed by the petitioner is only against the notice issued by the Corporation and, therefore, the learned trial Court has grossly erred in permitting the application filed by the respondent no. 1 for impleading her as party defendant. The learned Counsel relies on the Judgment of the Apex Court in the case of Kasturi v/s. Iyyamperumal & ors. reported in (2005) 6 SCC 733 insupport of his submission. 2 wp632.11.sxw 2. Notice issued by the Corporation to the petitioner is the subject matter of the suit. Undisputedly, the said notice has been issued to the petitioner on the complaint which is filed by the respondent no. 1. 3. In that view of the matter, it cannot be said that respondent no. 1 is not at all concerned with the lease between the parties. The respondent no. 1 may not be necessary party but it cannot be said that respondent no.1 is not even a proper party. 4. In that view of the matter, the discretion which has been exercised by the learned trial Court cannot be said to have been exercised in the perverse manner to call for interference. Rejected. (B.R. GAVAI, J)