1 wp9845.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Writ Petition No. 9845 of 2010 Mr. Madhukar Namdeo Raut ... Petitioner v/s. Mrs. Priti Charudatta Dedge & ors. ... Respondents Mr. Samiti Khaire i/b. P.N. Joshi for the petitioner. Mr. V.B. Rajure for respondent no. 24. Mr. C.D. Konale for respondents 1,2,5 and 6. CORAM:- B.R. GAVAI, J DATED :- MARCH 16, 2011. P.C. The petitioner challenges the order dated 6th October, 2009 vide which the application filed by the respondent no. 24 for joining her as party in the suit filed by respondents 1 and 2 came to be allowed. 2. The respondents 1 and 2-original plaintiffs who are daughters of petitioner (defendant no. 1 in the suit) have filed a suit partition claiming for property held by the defendant no. 1 is an ancestral property. The respondent No. 24 who is a sister of the defendant no.1 filed an application 2 wp9845.10.sxw for impleading her as party defendant contending that she also has a share in the ancestral property. The same is allowed. Hence, the present petition. 3. Since the plaintiffs themselves claim that property is ancestral property, which has fallen to the defendant no. 1 i.e. the petitioner from his ancestrals, the respondent no. 24 who is the real sister of defendant no. 1 cannot be said to be not a necessary or a proper party, to the proceedings before the learned trial Court. 4. In that view of the matter, no case is made out for interference. Rejected. (B.R. GAVAI, J)