1 wp1179.11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Writ Petition No. 1179 of 2011 M.M. Developers ... Petitioners v/s. Chhatrapati Shivaji Kutir Mandal & ors. ... Respondents Mr. Ramesh Soni with F. Vibhate i/b. Khaitan and Jayakar for the petitioners. Mr. Jayesh Bhatt for the respondents. CORAM:- B.R. GAVAI, J DATED :- MARCH 29, 2011. P.C. The petitioner challenges the order dated 26th April, 2010 vide which an application filed by the present petitioner for joining it as a party defendant came to be rejected. 2. Shri Soni, the learned Counsel for the petitioner submits that some of the observations made by the learned trial Judge adversely affect, the 2 wp1179.11.sxw interest of the petitioner. 3. From the perusal of the impugned order it could be seen that the learned Judge has given sound and cogent reasons for holding as to how the petitioner is neither necessary nor proper party in the suit filed by the respondent-plaintiff. In any case, plaintiff is a dominoes witness. In that view of the matter, no case is made out for interference. 4. If the petitioner has any right as against the plaintiff, the petitioner can very well file a suit or take any such remedy as permissible in law. Needless to state that observations made in the impugned order are only restricted for considering the application of the petitioners under Order 1 Rule 10 and the same by no stretch of imagination can be said to have any bearing in any dispute that may arise between the petitioner and the plaintiff. 5. Petition rejected with aforesaid observations. (B.R. GAVAI, J)