1 wp 8979-2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8979 OF 2010 Shri Dattatray Rambhau Raundal & Ors....Petitioners vs. Shri Parag Suresh Shah & Ors. ..Respondents Shri A.S. Gaikwad for the Petitioners. Shri U.B. Nighot for Respondent Nos.1 and 2. CORAM : B.R. GAVAI, J. DATED : JANUARY 10, 2011 P.C :- 1 By way of present petition, the petitioner challenges the order dated 3rd August, 2010 passed by the 4th Joint Civil Judge, Senior Division, Nashik, by which the application filed by the present petitioner for joining them as party defendants came to be rejected. 2 The respondent-plaintiff has filed a suit against the respondent no.3 for Specific 2 wp 8979-2010 Performance. In the said suit, the present petitioners filed an application for joining them as party defendants. It was contention of the petitioners that they purchased the flat and are lawful members of the society. The same application is rejected. Hence, the present petition. 3 It is settled law that the plaintiff is a dominus litus and it is for him to decide as to whom he should make parties to the suit. If the plaintiff chooses not to join necessary parties, he runs the risk of dismissal of the suit for non-joinder of necessary parties. Apart from that, the learned trial court has given sound and cogent reasons while rejecting the application. The trial court has also relied on the judgment of Apex Court in Kasturi vs. Iyyamperumal and others, reported in AIR 2005 SC 2813 wherein it has been held that third party claiming independent title and possession over contracted property is neither necessary nor proper party. In that view of the matter, no case is made 3 wp 8979-2010 out for interference in the extraordinary jurisdiction under Article 227 of the Constitution of India. In case, the petitioners want to press their rights, if any, they are always at liberty to take appropriate steps in accordance with law. 4 Writ Petition is, therefore, rejected with the aforesaid observations. (B.R. GAVAI, J.)