1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.7240 OF 2008 Sambhaji S/o.Manaji Munde PETITIONER VERSUS Nathrao S/o.Narayan Munde and others RESPONDENTS Mr.H.K.Munde, advocate for petitioner Mr.M.K.Deshpande, advocate for respondent no.1 and 2 Respondent no.3 absent even though duly served. (CORAM : A.V.POTDAR, J.) DATE : 22/06/2009 PER COURT : 1. By the present writ petition, there is challenge to the order passed below Exh.23 on 06/09/2008 by the Jt.Civil Judge J.D. Parali Vaijanath in RCS No.133/2007 by which the opponent no. 1 and 2 were allowed to join as a party to the suit. 2. It appears from the facts pleaded in the writ petition as well as the annexures that the present petitioner applicant has filed suit for perpetual injunction for not to disturb his possession over the suit property against the third defendant. It further appears that during the pendancy of the suit, 2 respondent no.1 and 2 in the present writ petition have filed an application vide Exh.23 that out of the suit property, vide agreement dated 29/09/2006, land admeasuring 1 hectre 37 guntha was given to these applicants/respondents by Abdul Hamid (respondent no.2), who is the sole defendant in. the suit No.133/2007 filed by the present petitioner and since then they are claiming to be in possession of the properties shown in the said agreement. In the suit for perpetual injunction filed against the party, the order always read in case the injunction order is passed against the party to the proceeding as well as those who are claiming through those parties to the proceeding and if the suit is based on possessory title or possession referable to the title of the suit property and the parties those who are in actual possession of the property are not made party to the said suit of perpetual injunction and they moved an application before the Trial Court to implead them as a party to the proceeding and if such application is allowed in the present case, the application moved by the respondent no.1 and 2 by Exh.23 before the Trial Court which was allowed vide order dated 14/07/2008 that the applicant to be joined in the suit as the defendant, can not found any fault in the order under challenge. It require the only modification as in the order passed it is directed by the Trial Court that the plaintiff is directed to implead the applicant as party on or before 3 20/09/2008 as the plaintiff petitioner is hereby directed to implead the applicants as defendant in the suit. With this direction, I did not find any fault with the order passed by the Trial Court. The writ petition is devoid of any merit and require to be dismissed in limine. (A.V.POTDAR, J.) khs/cwp7240.08