1 wp2887.11 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 2887 OF 2011 _____________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | Court’s or Judge’s orders orders or | directions and | Registrar's orders | _____________________________________________________________________ Mr. R.B. Deshmukh, Advocate for the petitioner. CORAM : B.P. DHARMADHIKARI, J. DATE : 13TH APRIL, 2011 Heard Advocate Mr. Deshmukh for petitioner. He contends that the plaintiff has not assailed any order passed by Deputy Collector and hence, the direction issued by the trial Court to implead the Collector, Latur as defendant in the plaint is without jurisdiction. Other contention is that the suit is pending before the Court of Civil Judge, Junior Division, and hence, such direction can not be issued because in that event the suit needs tobe placed before the Court of Civil Judge, Senior Division. 2. During arguments, learned Counsel pointed out that the respondents-defendants have filed counter claim. 2 wp2887.11 After filing of the counter claim, the order adverse to the respondents has been passed by the Deputy Collector and thereafter the application at Exhibit-104 came to be filed. 3. Cognizance of such counter claim taken by the trial court is not assailed. Written Statement has been filed by the plaintiff (present petitioner) in order to show how claim made in counter claim is misconceived. 4. Thus, in view of the cognizance already taken, the trial Court has correctly found that Collector is necessary party and has asked the petitioner-plaintiff to implead him. It is true that when the Collector is joined as party, suit is required to be transferred to Court of Civil Judge, Senior Division but then that does not mean that Civil Court looses its jurisdiction. 5. As I do not see any jurisdictional error or perversity, the Petition is rejected. No costs. (B.P. DHARMADHIKARI) JUDGE gas/wp2887.11