:1: :1: :1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT PETITION NO. 111 OF 2008 Bhagwan Sadashiv Patil ...Petitioner Versus Anandrao Shripatrao Chougule and Anr. ....Respondents ====== Mr.T.D.Deshmukh, Adv. for the petitioners. None for the respondents. CORAM: S.C.DHARMADHIKARI, J. DATED: 30TH JANUARY, 2008. P.C. P.C. P.C. : : : 1. This Writ Petition challenges an order below Exhibit 74 in Reg.Civil Suit No.9 of 1998. The petitioner/original applicant filed an application to implead himself as a defendant in the subject suit. After narrating the events leading up to the filing of the suit, the Applicant contended that the southern side 40 yds portion in Land Gat No. 145 is agreed to be sold by the defendant to him and the agreement for sale dated 11.1.1996 was executed and possession of the land was handed over prior thereto. There is a Reg.Civil Suit No.24 of 1998 already filed by the :2: :2: :2: plaintiff in Reg.Civil Suit No. 9 of 1998 against the petitioner/applicant. That suit has been disposed off and an Appeal against the said decree is pending. Therefore, the petitioner contended that the original plaintiff has not impleaded him intentionally. He is aware of the litigation, so also, the fact that there is a right accrued in the present applicant to have a Sale Deed in his favour. 2. The Learned Judge has adverted to all these pleas and ultimately held that the litigation which is pending between the petitioner applicant and the original plaintiff has not gained finality and the matter is pending in Second Appeal before this court. Secondly the petitioner is claiming a right in himself through the defendant in the suit. For all these reasons, the subject application was rejected. I see no error of law or perversity committed by the Trial Court in rejecting the application of the petitioner. It is not as if the petitioner is without any remedy. In such circumstances, the Writ Petition is summarily dismissed. No costs. sd/- :3: :3: :3: ******