1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3750 OF 2009 National Builders ........ Petitioner versus Smt. Vansabai wd/o Bhimaji R. Zurange & anr. ........Respondent. Mr. Pradeep Kadam adv. for the Petitioner Mr. U.B. Nighot adv. for the Respondent. CORAM: A. P DESHPANDE, J. DATED : 13th November, 2009. P. C.: 1. Rule. Rule made returnable forthwith. Taken up for final hearing by consent of parties. 2. The learned counsel for the petitioner placed on record a judgment of this court dated 16th June 2009 passed in W.P. No. 3751/09 and submits that in an identical fact situation, similar application was allowed by this court after setting aside the judgment of the appellate bench of the Small Causes court. According to the learned counsel for the petitioner, the impleadment of the owner, who has purchased the property under a registered conveyance dated 25-10-1995 has been allowed. The submission is that the question involved in the present writ petition is squarely covered by the said judgment deated 16th June 2009. The learned counsel for the respondent does not dispute the fact that in an identical set of facts, this court has allowed the 2 application moved by the applicant for impleading him as plaintiff in the suit. In that view of the matter relying on the reasons recorded in the judgment dated 16th June 2009 in W.P. No.3751/09 the present writ petition is allowed. The order passed by the appellate bench of the Small Causes Court is quashed and set aside. This petition is therefore allowed and disposed of. It shall be open for the petitioner and the respondent/defendants to place the contentions before the court below and the court below may consider who is entitled to the final relief and pass the final order. Rule made absolute in the above terms. (A. P. Deshpande, J.)