1 WP 6177.2011 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 6177 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. S.G. Sangvikar, party in person. ................................ CORAM : S.V. GANGAPURWALA, J. DATE :19/09/2011 PER COURT : 1. The petitioner is the original plaintiff, who had filed Suit for simplicitor injunction against the respondent. The said Suit came to be dismissed. Aggrieved thereby, the petitioner preferred Appeal before the District Court. During the pendency of the Appeal, the petitioner moved an application for addition of his brothers and sisters as parties to the Suit. The said application came to be rejected. Aggrieved thereby, the present Writ Petition is filed. 2. Heard Mr. P.V. Sangvikar, the party in person. He submits that as per Order I Rule 10 ( 2 ) of the Code of 2 WP 6177.2011 Civil Procedure, the third party can be added as party. They are necessary party in view of the fact that earlier Suit was filed for partition, wherein decree was passed. As they are also the person, who have interest in the property, they are required to be added as parties. According to him, the District Court has wrongly rejected the said application. For effective adjudication of the dispute, the third parties are required to be added as parties. 3. The Suit is for simplicitor injunction. In a Suit for simplicitor injunction, the brothers and sisters of the petitioner would not be the necessary parties. The cause of action is only as against the respondent. 4. The lower appellate Court has considered the said fact and has rejected the said application. More over, they were not parties in the Suit. After the Suit is dismissed at the time of final hearing of the Appeal before the District Court, the application is made. 5. There is no error committed by the District Court while rejecting the said application. As such, the Writ Petition is dismissed. No costs. [ S.V. GANGAPURWALA, J.] KNP/WP 6177.2011 3 WP 6177.2011