1 dgm IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO.6222 OF 2008 -------------------------------------------------------------- Office Notes, Office Memoranda Court’s or Judge’s of Coram, appearances, Court’s Orders orders or directions and Registrar’s orders. ------------------------------------------------------------- Mr.Surel S. Shah for the petitioner. Mr.A.I.Patel, AGP for respondents 1 and 2. Mr.G.A.Karmalkar i/byMr.G.S. Hegde & Associates for respondents 6 to 11. CORAM : ANOOP V. MOHTA, J. DATED : 18.11.2008 P.C. The petitioner has challenged the impugned order whereby Civil Judge, S.D. Malshiras has permitted the applicants/respondents 6 to 11 to be added as party defendants in the suit. The suit is for declaration with regard to the property against the State and Grampanchayat. Merely because the averments are made that 2 they have interest in the property that itself is not sufficient to allow third person/party to be added as defendants. In support of their application, there is no material documents to justify that they have houses in the said property and/or they are occupying the same. The case of petitioner/plaintiff is that he has right and still in exclusive possession of the property in question. However, without going further into the details at this stage in the absence of any material on record except bare averments, I am not inclined to allow this application at the instance of third party to be added as defendants in a suit against the Government. In the affidavit reply filed by the respondent/Government there is not a whisper or material that these respondents are in occupation or have any right in the said property. Therefore, at this stage, in the absence of any material and documents on record, the grant of 3 this application, in my opinion is not correct. The application as filed by the respondent is rejected. The impugned order dated 18.8.2008 is quashed and set aside. However, it is observed that the respondents are at liberty to justify their case in case they have material and documents to support the same. The writ petition is allowed with the above observation. No costs. [ANOOP [ANOOP [ANOOP V. MOHTA,J.] V. MOHTA,J.] V. MOHTA,J.]