1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.4391 OF 2009 ... Ganesh s/o Vinayakrao Deshmukh ...PETITIONER V E R S U S Mahesh s/o Mahadevrao Phad. ..RESPONDENT. Shri.K.B.Jadhav, Advocate for the petitioner. CORAM : B.R. GAVAI, J : DATE : 15th JULY, 2009 PER COURT :- 1. By way of present petition, the petitioner challenges the order dated 31.03.2009 vide which an application filed by the present petitioner for addition of proposed defendants came to be rejected. 2- The petitioner has filed a suit for perpetual injunction against the original defendants, praying for perpetual injunction restraining the defendants from obstruction to his peaceful possession over the suit property. The petitioner has also claimed for a declaration of ownership. 3- In the said suit, an application came to be filed on the ground that the defendant had entered into an agreement of sale with the proposed defendants and therefore they should be impleaded as party defendants. 4- Heard Shri Bhapkar the learned counsel appearing on behalf of the petitioner. 5- The learned trial court has found that the suit was for declaration of ownership and perpetual injunction. It has also been found that there is no 2 averment in the plaint that proposed defendants were obstructing with the peaceful possession of the plaintiff. In that view of the matter, the learned trial court found that it was not necessary to implead the proposed defendants as party-defendants. 6- In that view of the matter, no perversity or infirmity could be found with the approach adopted by the trial court so as to warrant interference in exercise of extra ordinary jurisdiction of this Court under Article 227 of the Constitution of India. Hence rejected. ( B. R. GAVAI ) JUDGE ..... aaa/wp4391.09