1 W.P.8451.10 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 8451 OF 2010 [Surinderkumar S/o Panjumal Santpal Vs. Jammu Khan S/o Fakir Mohammad Khan] Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr.A.S.Bajaj,Advocate for petitioner. Mr.K.S.Naik,Advocate for respondent. CORAM : S.S. SHINDE, J. DATE : 5TH OCTOBER, 2011 PER COURT : . Heard learned counsel appearing for the petitioner and learned counsel appearing for the respondent. 2. The order, which is impugned in this petition is at page 46 of the compilation of the Writ Petition, which reads thus: "Heard both sides at length. Question whether proposed defendant is in collusion with plaintiff or defendant is a question 2 W.P.8451.10 of fact. The cause of action to add party arose being subsequent event. Hence, application is allowed. Plaintiff to add Mujeebkhan as party to suit." 3. Upon perusal of the impugned order, it is abundantly clear that, the learned Judge has not assigned any reason whatsoever that why Mujeebkhan is necessary party to the suit. Such order is without assigning any reason, directing the plaintiff to add Mujeebkhan as party to the suit cannot be sustained in law and the same is quashed and set aside. However, the application at Exh.31 is restored to its original position. The concerned Court will hear the said application afresh by giving an opportunity to the parties. However, such application should be decided by the concerned Court within 15 days from the receipt of the order passed by this Court. The parties are agreed to appear before the trial Court on 10.10.2011. If the 3 W.P.8451.10 petitioner herein wish to file any reply to the application at Exh.31 he can do so on or before 10.10.2011. . The Writ Petition is allowed to above extent and same stands disposed off. Sd/- [S.S. SHINDE, J.] MTK