1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.4049 OF 2009 1 Abbusha Chandsha, age: 56 years, Occ: Labour; 2 Ayyubsha Chandsha, age: 50 years, Occ: Labour; 3 Saiedsha Chandsha, age: 44 years, Occ: Labour; 1 to 3 R/o at Fakir Wada, Zam Mohalla, Bhusawal, District Jalgaon. 4 Smt.Hamidabi Mehaboobsha, age: 52 yars, Occ: Household, R/o C/o Mehaboobsha Piransha, Near Madina Masjid, Opp. Arifa Beauty Parlor, Udhana Yard, Udhana, Gujrath. Petitioners Versus 1 Shri Hasansha Roshansha, age: 68 years, Occ: Labor, R/o Mahatma Phoole Nagar, Bhusawal. 2 Smt.Naushadbi Shabbirsha, age: 32 years, Occ: Household, R/o Warangaon, Tq.Bhusawal. 3 Smt.Khurshabi Sattarsha, 32 years, Occ: Household, R/o Idgaon, Tq. & Dist.Jalgaon. 4 Smt.Raisabi Gulubsha, 2 age: 28 years, Occ: Household, R/o Mahatma Phoole Nagar, Bhusawal. 5 Smt.Rashidabi Rashidsha, age: 26 years, Occ: Household, R/o Mahatma Phoole Nagar, Bhusawal. 6 Shri Namdeo Narayan Chaudhari, age: 52 years, Occ: Business, R/o Shantinagar, Bhusawal, District Jalgaon. 7 Shri Pramod Vasudeo Dhande, age: 44 years, Occ: Business, R/o Sopan Colony, Shantinagar, Bhusawal, Dist. Jalgaon. 8 Shri Ajay Ramdas Patil, age: 42 years, Occ: Agri., R/o Shrihari Niwas, Garud Plot, Bhusawal, Dist. Jalgaon. 9 Shri Rajiv Ramdas Mahajan, age: 41 years, Occ: Business, R/o 5/501, Sahajiwan Society, Jamner Road, Bhusawal, District Jalgaon. 10 Shri Parag Pralhad Chaudhari, age: 35 years, Occ: Business, R/o Opposite Rajkamal Talkies, Jalgaon. Respondents Shri A.M.Gholap, advocate for petitioners. Shri L.V.Sangit, advocate for Respondents No.1 to 5. Shri Girish V. Wani, advocate for Respondents No.6 to 10. 3 CORAM: R.M.BORDE, J. DATE : 03 rd December, 2009. ORAL JUDGMENT: 1 Heard Shri A.M.Gholap, learned Counsel for petitioners, Shri L.V.Sangit, learned Counsel for Respondents No.1 to 5 and Shri G.V.Wani, learned Counsel for Respondents No.6 to 10. Rule, made returnable forthwith and heard finally by consent of the parties. 2 The petition raises challenge to the order passed by Civil Judge, Senior Division, Jalgaon, below Exhibit-38 in Special Civil Suit No. 387/2004 directing impleadment of defendants no.1 to 5 in the pending suit. Respondents No.1 to 5 presented an application seeking their impleadment in the pending suit presented by petitioners herein claiming declaratory decree and perpetual injunction. 3 Original plaintiffs and third party applicants have reached understanding and it is agreed by petitioners as well as Respondents No.1 to 5 that their (Respondents No.1 to 5 herein) presence before the Court in the pending suit shall not be necessary. Respondents No.1 to 5, as such, have consented for their deletion from the array of defendants in the pending suit. 4 In this view of the matter, a pursis, duly signed by Respondents No.1 to 5 and attested by learned Counsel appearing for them, is placed on record. Same is taken on record and marked “X” for identification. In view of the pursis presented by Respondents No.1 to 5, instant writ petition needs to 4 be allowed. 5 In the result, order dated 16.04.2009, passed by Civil Judge, Senior Division, Jalgaon, permitting impleadment of Respondents No.1 to 5 as defendants in the pending suit bearing S.C.S. No.387/2004, is quashed and set aside. Rule is accordingly made absolute. There shall be no order as to costs. (R.M.BORDE) JUDGE ******* adb/wp404909