1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR WRIT PETITION NO: 4982/2008 (Riyaz Abdul Hussain vs. Majahed Khan Abdullal Khan and others) ----------------------------------------------------------------------------------------------- Office Notes, Office Memorandum of Coram Court's or Judges Order appearances, Court's orders of directions & Registrar's orders. ................................................................................................................................... CORAM: B.P.DHARMADHIKARI DATED: 27th November,2008. *** Heard Advocate Sarda for petitioner. The Court below by the impugned order dated 27.8.2008 has allowed the application of Respondents 1 to 4 for getting themselves joined as parties to the Civil Suit under Order 1 Rule CPC. The said Civil Suit i. e. RCS No.379/2007 is filed by petitioner against Municipal Corporation for declaration and injunction as, according to him, the Corporation had permitted the petitioner /plaintiff to built a slope as a way of ingress and outgress from his plot. The Respondents 1 to 4 are the persons who complained of obstruction to their user of road because of that construction. Advocate Sarda is relying upon the judgment of this Court reported in 1998(1) Mh.L.J . 410 to contend that there also in similar circumstances, the permission to implead was not granted. I have perused the facts. There it appears that corporation had sanctioned the building plan and the plaintiff filed suit for declaration that map submitted by her was deemed to have been sanctioned and her 2 construction was not unauthorised. The persons who wanted themselves to be joined as parties in that suit contended that their rights along with rights of other tenement holders would be affected in relation to right of ingress and outgress over the passage specifically left out as per sanctioned plan. 2. The facts of reported judgment, therefore, clearly show that dispute related to private property and the plan prim facie appears to have been sanctioned. In the present case, the slope was not on petitioner'splot and respondent no.5 Muncipal Corporation though initially granted him the permission to construct it, has later on, withdrawn it. Thus, prima facie the interest and right of the public to use it is affected by said slope. The final verdict in this respect can be recorded by the Civil Court after adjudication. I therefore, do not find anything wrong with the impugned order dated 27.8.2008. Writ Petition is dismissed. No costs. JUDGE sahare