1 FARAD CONSTITUTION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 5047/2009 (Jairamdas Parwani ..vs.. Karamchand Chetumal Kungwani and another) -------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. -------------------------------------------------------------------------------------------------------------------------------------- CORAM:- B.P. DHARMADHIKARI, J. DATE:- NOVEMBER 20, 2009 The contention is respondent No.1 has filed suit only against brother of petitioner and though, petitioner is also owner and respondent No.1-plaintiff is aware of it, the petitioner has not been joined as party defendant. Petitioner, therefore, made an effort to come on record by moving an application Exh.46 and that application has been rejected on 0/9/2009 by the 5th Joint Civil Judge, Junior Division, Nagpur. I have heard learned Advocate Shri Bhagwani for the petitioner. If the petitioner is in possession, it is apparent that the prejudice, if any, will be caused to respondent No.1-plaintiff. Respondent No.1 is dominus litis and he has chosen not to join petitioner as party. The learned trial court has appropriately considered the position. 2 No case is, therefore, made out warranting any interference in the matter in writ jurisdiction. Writ Petition is disposed of. No costs. JUDGE Diwale.