1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.6818 OF 2009 Sanjay Narayan Patole ...Petitioner vs. Murlidhar Ganpat Khade & Anr. ...Respondents WRIT PETITION NO.6819 OF 2009 Sneha Sanjay Patole ...Petitioner vs. Murlidhar Ganpat Khade & Anr. ...Respondents Mr.Uday Warunjikar for the petitioner in both the petitions. CORAM :A.S.OKA,J. DATE : SEPTEMBER 7, 2009 P.C. 1 Heard the learned counsel for the petitioners. The petitioners are the third parties who moved an application under sub rule 2 of rule 10 of Order I of the Code of Civil Procedure,1908 praying that they may be impleaded as party defendants. 2 By the impugned order the said application has been rejected by the trial court. 3 The learned counsel for the petitioners submitted that the petitioners are claiming title on the basis of the documents executed much prior to institution of the 2 suits for specific performance by the first respondent. He submitted that in the written statement filed by the second respondent it is specifically pointed out that in the year 1995, the sale deeds were executed in favour of the petitioners in these petitions and therefore, petitioners in these petitions were necessary or atleast proper parties to the suit. 4 After having considered the submissions, I find that no case for interference is made out. The petitioners are strangers to the agreements which are sought to be specifically enforced by filing suits for specific performance. The petitioners are claiming title on the basis of the documents which are allegedly executed in their favour prior to the institution of the suit. Being strangers to the suit agreement, the petitioners are claiming title on the basis of the sale deeds executed prior to the institution of the suits. The petitioners are neither necessary nor proper parties in as much as the decree which may be passed in the suits will not bind the petitioners. 5 Subject to what is observed above, no case is made out for interference. Writ Petitions are rejected. JUDGE