1 wp7248.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7248 OF 2010. Prabhakar Nimba Yeole ... Petitioner Vs. Mujahid Jamal Sayyed and another ... Respondents ...... Mr. Nitin P. Deshpande for Petitioner. ...... CORAM : J.H. BHATIA, J. DATE : 21ST OCTOBER, 2010. P. C. 1. Heard the learned Counsel for the petitioner. 2. Respondent No.1 filed Regular Civil Suit No. 336 of 2010 against respondent No.2 Municipal Council, Panchagani for declaration that he has become owner of certain piece of land by adverse possession. The petitioner, who claims to be the owner of the adjoining land, moved an application before the trial Court seeking to be impleaded as a defendant on the ground that the encroachment made by defendant No.1 on the Municipal land affects his rights also. The trial Court after hearing the parties rejected the application. 2 wp7248.10.sxw 3, The learned Counsel for the petitioner contends that respondent No.1 had made encroachment on the municipal land during the last 3-4 years and he apprehends that on behalf of the Municipal Council proper evidence may not be given and the respondent No.1 may succeed in the suit. He also states that he himself can be a witness for the Municipal Council to prove that the respondent No.1 had encroached the property within last 3-4 years. 4. In view of the above circumstances, I do not find any justification to allow the petitioner to be impleaded as a defendant in the suit because there is no encroachment on his own property, nor there is any allegations that respondent No.1 is causing any nuisance to him. If he is willing to be a witness against respondent No.1, in favour of Municipal Council, Municipal Council may examine him as a witness. The Municipal Council may take note of this aspect at the time of trial of the suit. 5. With the above observations, the petition stand disposed of. J. H. BHATIA, J