1 wp 8170.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 8170 OF 2011 Parveen Talat Sharifoddin Kazi .. Petitioner Versus 1. Mohd. Sharifoddin Vikaroddin Kazi and others .. Respondents Shri V. S. Bedre, Advocate for the Petitioner. CORAM : S. V. GANGAPURWALA, J. DATE : 15TH DECEMBER, 2011. PER COURT : . The present respondent No. 1 has filed a suit for declaration and injunction in respect of property bearing gat No. 130. In the said suit the present petitioner filed an application for addition of party. The said application is rejected. Aggrieved thereby present writ petition is filed. 2. Shri Bedre, the learned counsel for the petitioner submits that at this stage, the Court could not have decided about the rights of the petitioner in the suit property. After the petitioner is added as party, the petitioner can bring on record the source of right. The petitioner is wife of original plaintiff. In view of all 2 wp 8170.11 these facts the Court ought to have considered the application of the petitioner. The Court has made a reference to gat No. 103, 104 to be of the petitioner. But there are other properties also. The learned counsel submits that the said application should have been allowed. 3. With the assistance of learned counsel I have gone through the plaint and the order. U/O 1 Rule 10(2) of the Code of Civil Procedure a necessary or a proper party can be added. In the present matter, no right to relief is claimed against the petitioner. Moreover, prima facie also the petitioner could not show her right. Even otherwise, if any decree is passed in the said suit, the same would not be binding on the petitioner as she is not party. 4. In the light of above no error has been committed by the Court while passing the impugned order. No case for interference is made out to exercise the writ jurisdiction of this Court under Article 227 of the Constitution of India. As such, the writ petition is dismissed, however, with no order as to costs. [ S. V. GANGAPURWALA, J. ] bsb/Dec. 11