MP 1 WP210_11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 210 OF 2011 Iftikar Khan Aga Khan ... Petitioner Versus Agha Aftab Khan and another ... Respondents Mr. S. L. Singh for Petitioner. CORAM : B.R. GAVAI, J. THURSDAY, MARCH 31, 2011 P. C. : No perversity is noticed in the order impugned whereby the learned Trial Judge has refused the application filed by the present petitioner for impleading him as defendant No. 2 in the suit filed by the respondent No. 1. 2. Respondent No. 1 - plaintiff has filed the suit challenging the notice issued by the Corporation under Section 351 of the Bombay Municipal Corporation Act. 3. The learned Counsel for the petitioner submits that the petitioner has a 50% share in the suit premises, and as such, he was the necessary party. 4. The respondent-plaintiff has challenged the notice issued by the BMC in the suit in question. Undisputedly, the notice is issued only MP 2 WP210_11 to the plaintiff. In that view of the matter, no error could be found in the order impugned. In any case, if the petitioner has any right in the suit property, it is informed that the petitioner has already filed a suit for partition. 5. In that view of the matter, the rights, if any, of the petitioner could be adjudicated in the said proceedings. Rejected. (B.R. GAVAI, J)