1 wp3167.11 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 3167 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. K.D. Mote, Advocate for the petitioner. CORAM : B.P. DHARMADHIKARI, J. DATE : 25th APRIL, 2011 Heard Advocate Mr. Mote for petitioner-third party. He was not available on both occasions when matter was called out earlier. Hence, it came to be dismissed in default. Upon his oral request, the Writ Petition is restored to its original position. 2. His father is defendant in suit for partition and separate possession. In that suit, petitioner filed application for impleading him as party defendant contending that his father unable to look after his own interest as he is old and mentally unstable. Application is supported by doctors certificate. Trial Court has after considering the relevant material dismissed that 2 wp3167.11 application. 3. Perusal of the impugned order reveals that application was filed belatedly when the suit was near in completion. Trial Court found that it was only effort to protract the matter. The said rejection dated 11.01.2011 was not questioned immediately and again before very same Court another application was moved. That application i.e. second application has been again rejected on 19.03.2011. The said orders are now questioned in the present Writ Petition. 4. It is apparent that status of petitioner is secondary to the status of his father i.e. defendant no.1. Trial Court has therefore correctly appreciated the controversy. Suit filed is of the year 2006 and present petitioner has moved his first application on 08.11.2010. I do not see any jurisdictional error or perversity. Petition is rejected. No costs. (B.P. DHARMADHIKARI) JUDGE gas/wp3167.11