1 mpt IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5686 of 2008 Bhagubai Nana Dhangar (Decd) thru LRs Sonabai N. Dhangar & ors. .. Petitioners versus Dattatraya Nana Dhangar & ors. .. Respondents ... Mr.Amit Sale for the petitioners. CORAM : A.M.KHANWILKAR, J DATED : 4th August 2008 P.C.: 1. Heard counsel for the petitioners. 2. Even though the lower court has rejected the application in the context of amended provisions of Code of Civil Procedure, the fact remains that the petitioners are not in a position to demonstrate that the wife, son and daughter of defendant no.1 were claiming share in the suit property in their own 2 rights. It is not disputed before me that the wife, son and daughter of defendant no.1. want to be impleaded as a party to the partition suit as they are claiming right in the suit property through defendant no.1. As defendant no.1 is already party to the suit for partition, the question of impleading his wife, son and daughter as parties to the pending suit does not arise. For, they can claim right in the property only through defendant no.1. In that sense, they are neither necessary nor proper parties. 3. Hence, petition is dismissed. (A.M.KHANWILKAR, J)