1 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.1583 OF 2010 Adeline Santan Fernandes ...Petitioner vs. Domnic Peter Fernandes & anr. ...Respondents Mr.P.G.Karande for the petitioner None for the respondents CORAM :A.S.OKA,J. DATE : MARCH 22, 2010 P.C. 1 The petitioner in this Writ Petition under Article 227 of Constitution of India is a third party to the suit filed by the first respondent against the second respondent. The suit appears to be one under section 41 of the Presidency Small Cause Courts Act,1882. The first respondent has alleged that the second respondent was his licensee in respect of the suit premises. As the second respondent has not vacated, the suit for eviction has been filed. 2 An application made by the petitioner seeking a direction to implead him as a party has been rejected by the impugned order. 3 The suit filed by the first respondent purports to be a suit against the licensee under section 41 of the said Act of 1882. In the said suit issue of title cannot be decided. Even if the issue of title is decided, the parties are not precluded from filing a suit on the basis of the title. Moreover, the decree passed in the suit will not bind the petitioner. The remedy of the 2 petitioner of filing appropriate proceedings is always open. 4 Subject to what observed above, no case for interference is made out. Writ Petition is rejected. JUDGE