1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2371 OF 2009 Anant Parisa Karve. ..Petitioner. V/s. The State of Maharashtra & Ors. ..Respondents. Mr.Rahul Kulkarni for petitioner. Mr.S.N.Patil, AGP for Respondent No.1. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : MARCH 16, 2009. DATE : MARCH 16, 2009. DATE : MARCH 16, 2009. P.C. : P.C. : P.C. : 1. Heard Counsel for the parties. 2, I have no hesitation in upholding the order passed by the Court below, which is impugned in this Petition. The argument of the Petitioner that in another suit in relation to the suit property it has been found that the Respondent third party has no right. That finding has been recorded on Application Exh.5. The argument though attractive will have to be turned down for the simple reason that the observation made in Exh.5 is in the context of prima facie case made out by the Plaintiff regarding possession of the suit property. That does not mean that whether the suit property is in fact a joint 2 family property or self acquired property has been finally answered. If the partition suit was to be decreed, it would necessarily follow that the third party has right, title and shares in the suit property being joint family property. If it is so, even if the present suit filed by the Petitioner is simplicitor for injunction against the Defendants, the fact remains that the Petitioner has also sought declaration and direction to demarcate the suit property. That may or may not affect the interest of the third party. However, third party is entitled to claim that if any order is to be passed in the said proceedings, which may be adverse to the interest of the third party, it would create further complication and multiplicity of proceedings. 3. Thus understood, taking any view of the matter, no fault can be found with the view expressed by the Court below in the impugned Judgment in accepting application preferred by the third party. Hence dismissed. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)