1 WP 5988.2011 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 5988 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.R.B.Deshmukh, Advocate for the Petitioner. ............................ CORAM : S.V. GANGAPURWALA, J. DATE : 10/08/2011 PER COURT : 1. The petitioner is the original plaintiff, who had filed Suit for declaration that he has the preferential right to purchase the property. During the pendency of the Suit, the plaintiff filed an application for addition of party on the ground that the defendant no. 1 has stated in the Written Statement that he has entered into the agreement with the proposed party and that the agreement is the security document. Along with the prayer for addition of party, the petitioner also prayed for amendment seeking injunction against the proposed party. The said application is rejected. Aggrieved thereby, the present Writ Petition is filed. 2 WP 5988.2011 2. Mr. R.B.Deshmukh, the learned counsel for the petitioner submits that it is necessary for the plaintiff to add the proposed party to avoid future multiplicity of litigations. The Court has rejected the application in a very casual manner and it has only allowed the part of the amendment. In fact, if the Suit of the plaintiff is decreed, then the proposed party may create further hurdle and to avoid the same, it was necessary for the plaintiff to add him as a party. 3. The contour of the dispute is in a narrow compass. The plaintiff has to establish his preferential right. More over, no document of conveyance is executed in favour of the proposed party. It is settled law that the agreement of sale does not create any interest in the property. In view of the above, the trial Court has rightly considered this aspect and rejected the application. The order does not suffer from any error of jurisdiction. 4. The Writ Petition as such is dismissed. No costs. [ S.V. GANGAPURWALA,J. ] KNP/WP 5988.2011 3 WP 5988.2011