1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION No. 5452 of 2009 PETITIONERS : 1] Suresh S/o Narayanrao Danorkar, Aged about 32 years, Occu.: Business, R/o Panchsheel Ward, Bhadrawati. 2] Suresh S/o Pandurang Dahule, Aged about 42 years, Occu.: Service, R/o Sai Nagar, Bhadrawati. 3] Namdeo S/o Saduji Upare, Aged 48 years, Occu.: Service, R/o Zade Plots, Bhadrawati. 4] Natthuji S/o Bajirao Pidurkar, Aged 52 years, Occu. Service, R/o Sai Nagar, Bhadrawati. 5] Shrikrishna S/o Baliram Kale, Aged 46 years, Occu.: Service, R/o Sai Nagar, Bhadrawati. 6] Maroti S/o Bhivaji Zade, Aged 51 years, Occu.: Service, R/o Sai Nagar, Bhadrawati. 7] Zinguji S/o Sambaji Berkar, Aged 58 years, Occu.: Service, R/o Zade Plots, Bhadrawati. 8] Namdeo S/o Ramchandra Bajare, Aged 44 years, Occu.: Service, R/o Shivaji Nagar, Bhadrawati. ..VERSUS.. RESPONDENTS : 1] Jairaj Ladharam Tehelramani, Aged 32 years, Occu. Business, 2] Jairam Ladharam Tehelramani, Aged 28 years, Occu. LIC agent. 3] Khushaldas Ladharam Tehelramani, Aged 36 years, Occu. Business, 4] Sharda Ladharam Tehelramani, Aged 55 years, Occu. Household All R/o Shivaji Nagar, Bhadrawati, Tah. Bhadrawati, Dist. Chandrapur (M.S.) 2 5] Sou. Hemlata Rajesh Raghuwani, Aged 24 years, Occu. Household, R/o Sheh Nagar, Wadgaon, Chandrapur, Tah. And Dist. Chandrapur. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : MARCH 18, 2010. Heard learned Advocate Mr. U.A.Gosavi for the petitioners and learned Advocate Ms. Kirti Satpute for respondents. Learned Advocate Ms. Satpute has pointed out that original defendant no.2 in the civil suit, who has opposed the application under Order 1 Rule 10 of the Code of Civil Procedure moved by the petitioner no.1, has not been joined as party in the present writ petition. Learned Advocate Mr. Gosavi has pointed out that though, there were several applicants in the application under Order 1 Rule 10 CPC, one Sudam Thakre is alone permitted to be impleaded as party and this Court has while issuing notice in the matter, restricted consideration to entitlement of petitioner no.1 Suresh for getting himself impleaded. He is seeking time to join original defendant no.2 as party respondent. However, after hearing respective counsel, I find that present matter can be disposed of by permitting the petitioner Suresh Narayanrao Dhanorkar to move an application under Order 1 Rule 10 of C.P.C. again, if it is found that Sudam Thakre is not taking care of interest of 3 the applicants and is colluding with the other side. Perusal of impugned order reveals that the learned trial court has, after due application of mind, permitted said Sudam Thakre to intervene in the matter. I am, therefore, not inclined to interfere in the matter at this stage. Hence, with above liberty to the petitioner no.1, the writ petition is disposed of with no order as to costs. JUDGE Diwale