1 abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2926 OF 2010 Vijay Atmaram Rawool .. Petitioner V/s Janardhan Atmaram Rawool & Ors. .. Respondents Mr. Umesh G. Yerunkar for the petitioner. CORAM : D.G. KARNIK, J. DATE : 6TH JULY 2010 P.C. : 1. Heard. 2. By this petition, the petitioner challenges the order dated 9 October 2009 passed by the learned Judge of the City Civil Court, Greater Mumbai rejecting the petitioner’s application for joining him as a party to the suit. 3. The respondent no.1, who is the brother of the petitioner, filed a suit in the City Civil Court against the landlords for enforcement of certain rights in respect of the tenanted premises. According to the petitioner, he was also living in the premises with the respondent no.1 and by mutual agreement the premises were divided into two parts; one part is in occupation of the petitioner and the other part is in occupation 2 of the respondent no.1. He, therefore, has a common interest for pursuing his remedy against the landlords and, therefore, he should be joined as a party defendant to the suit. 4. Learned counsel for the petitioner submitted that the arrangement of separation and separate living was also accepted by the landlords and separate rent receipts were issued in respect of the portion in occupation of the petitioner. He invites my attention to Exhibit-F which contains 5 photostat copies of the rent receipts standing in the name of the petitioner. The petitioner’s own case, therefore, is that he is a tenant and his premises are different than the premises in occupation of the respondent no.1. If so, he cannot be made a party to the suit filed by the respondent no.1 for enforcing respondent no.1’s own right. If any right of the petitioner in respect of the premises in his occupation is infringed, it is open for him to take appropriate legal action against the person infringing his right before appropriate forum. 5. With this observation, the writ petition is rejected. (D.G. KARNIK, J.)