1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 1583 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. WRIT PETITION NO.: 1583 OF 2011 *** 1. Heard Advocate Shri Garud for Petitioner, learned A.G.P. for Respondent No. 1. 2. Respondent NO.2 has filed a suit against Respondent No.3 and in that suit present petitioner filed application for joining him as a party. That has been rejected. Shri Garud contends that petitioner is occupying first floor of the very same property as tenant while Respondent NO.3 is occupying ground floor. The Respondent No.2/ plaintiff claims to have purchased property from a trust but then said property has never reached trust legally as its original owner who inducted petitioner as tenant has not executed any document for transfer of the trust. 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 1583 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. 3. During arguments he states that Respondent No.2 filed Regular Civil Suit No. 194 of 2004 against present petitioner. That suit was decreed exparte and proceedings to set aside that exparte decree are going on. He also states that there was some compromise between him and Respondent No.2 and because of that compromise suit was to be withdrawn. The Respondent No.2 did not arrange to withdraw it and obtained exparte decree. 4. The status of petitioner is that of tenant. The petitioner has no interest in ground floor premises in occupation of Respondent No.3. Respondent No.2 has filed independent proceedings against Respondent No.3 on the basis of her alleged title. It is apparent that history of Regular Civil Suit NO.194 of 2007 has got no bearing on said litigation. Trial Court has correctly 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 1583 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. appreciated the position. I do not see any jurisdiction error or perversity. Petition is rejected. [B.P.DHARMADHIKARI, J.] Dated:08/03/2011. ans/1583