1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 8207 OF 2010 Dr. Mustafa Khan s/o Mansoor Khan .. PETITIONER VERSUS Baba Saheb s/o Pandurang Rao Jadhav & others .. RESPONDENTS Mr. S.S. Kazi, advocate for the petitioner. ===== CORAM : R. M. BORDE, J. DATE : 8 th SEPTEMBER, 2010. PER COURT : 1 An application for impleadment of the petitioner in a suit presented by respondent nos. 1 to 3 claiming decree of recovery of possession has been turned down by the trial court in view of order passed on 23-7-2010. Suit is presented by respondent nos. 1 to 3 against respondent nos. 4 and 5 claiming recovery of possession of property admeasuring 23 ft X 25 ft. The third party applicant / petitioner herein claims that the description of the property given in the plaint presented by respondent nos. 1 to 3 is incorrect. The Wakf Board has entrusted the property to him and as such, he may be impleaded as party defendant to the suit. 2 2 Trial court, on consideration of the relevant aspect, found that the third party applicant is neither necessary nor proper party to the suit. Even otherwise, decision rendered in the said suit would not bind the third party applicant. 3 I have perused the application as well as the impugned order passed by the trial court. I do not find that the trial court has committed any error in turning down the request made by the third party applicant. Reasons recorded are logical and proper. In exercise of writ jurisdiction under Article 227 of the Constitution of India, no interference is called for in the instant petition. Petition is devoid of substance hence stands rejected. 4 Pending civil application, if any, does not survive and stands disposed of. ( R. M. BORDE, J.) dyb/office/wp8207.10.odt