IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1728 OF 2008 Smt. Sunanda Jagannath Shinde & Ors. .... Petitioners Vs. Shri Dattatray Shankar Shinde & Ors. .... Respondents Shri Sandeep Koregaonkar i/b Shri V.S. Talkute for the Petitioners. Shri P.A. Pol for Respondent No.1. CORAM: CORAM: CORAM: ANOOP V. MOHTA, J. DATED: DATED: DATED: DECEMBER 10, 2008 P.C: P.C: P.C: 1. The petitioners have challenged the order dated 20-12-2007 whereby third person’s application is allowed and the Court has directed him to be impleaded as defendant. The suit is filed for declaration of title and also on the ground of adverse possession against the defendants. This third person is also claiming ownership of the suit property by adverse possession. 2. Considering the fact and as the person who is interested in the property and if any order is passed in favour of the plaintiff and if it is going to affect the rights of such person, in such circumstances, at this stage the order of allowing such an application cannot be said to be perverse or bad in law. Therefore, keeping all the points open, the petition is dismissed. (ANOOP V. MOHTA, J.) sjs/D8wp1728.8 sjs/D8wp1728.8 sjs/D8wp1728.8