1 wp 7419.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 7419 OF 2011 Mahesh Revappa Yenegure .. Petitioner Versus Vijaylaxmi Revappa Yenegure and others.. Respondents Ms Manushri S. Shendage, Advocate for the Petitioner. CORAM : S. V. GANGAPURWALA, J. DATE : 26TH SEPTEMBER, 2011. PER COURT : . The petitioner is the original plaintiff. The petitioner has filed suit for partition and separate possession. The suit came to be dismissed as against defendant Nos. 16, 21 and 24 for not taking steps. The petitioner thereafter filed an application for impleading the said defendant Nos. 16, 21 and 24 as party defendants to suit as under Order I Rule 10. The said application is rejected. 2. Miss Shendge, the learned counsel for the petitioner submits that the Court has erroneously rejected the said 2 wp 7419.11 application. Said persons are necessary parties. The said application should have been allowed. Even otherwise the Court has inherent powers U/Sec. 151 of the Code of Civil Procedure. The Court could have considered the said application for setting aside the dismissal order. 3. The application of the petitioner was specific for adding them as parties. The court has considered the said application and rejected it. No fault can be found in the order passed by the Court. 4. However, said order would not preclude the petitioner from filing the appropriate application for setting aside the order of dismissal against the defendant Nos. 16, 21 and 24 which the Court would consider the same on its own merits. The writ petition is accordingly dismissed, however, with no order as to costs. [ S. V. GANGAPURWALA, J. ] bsb/Sept. 11