1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 9157 OF 2010 Kondibhau s/o Yelaji Wayal .. PETITIONER VERSUS Gayabai w/o Digambarrao Wayal & another .. RESPONDENTS Mr. S.R. Bharad, advocate holding for Mr. V.D. Salunke, advocate for the petitioner. ===== CORAM : R. M. BORDE, J. DATE : 5 th OCTOBER, 2010. PER COURT : 1 An application tendered by the third party applicant seeking impleadment in the suit has been turned down by the trial court in view of order passed on 18-8-2010. 2 Suit is presented by the original plaintiff against the original defendant claiming decree of specific performance of agreement and injunction. The third party applicant claims his entitlement to the property as legal heir of deceased Saraswatibai. The decree that may be passed in the suit would 2 not have binding effect on the third party applicant. Moreover, the transaction in question which is subject matter of suit is between the plaintiff and defendant therein. The third party applicant cannot be said to be necessary party to the suit. Application has been rightly turned down by the trial court. In exercise of extra ordinary jurisdiction under Article 227 of the Constitution of India, no interference is called for in the petition. Petition is devoid of substance hence stands rejected. 3 Pending civil application, if any, does not survive and stands disposed of. ( R. M. BORDE, J.) dyb/office/wp9157.10.odt