1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR LETTERS PATENT APPEAL NO 239 OF 2011. IN WRIT PETITION NO 213 OF 2011(D) Dr.Naintara w/o Durgadas Vasudeo .Vrs. The Nagpur Municipal Corporation,Nagpur and another. ----------------------------------------------------------------------------------- Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's or directions and Registrar's orders. Orders. (S/Shri S.R.Matta and Mahesh Mourya,Advocates for appellant) CORAM : B. P. DHARMADHIKARI & P.D.KODE, J J. DATED : 13.06.2011 The Single Bench has by passing the order on 20.01.2011 and thereby upheld the order of trial court dated 03.12.2010 allowing application under Order 1 Rule 10 of C.P.C. and impleading respondent No.2 as party defendant. Letters Patent Appeal is directed against the same. In paragraph No 11 of the plaint the appellant has pleaded that had Nagpur Municipal Corporation issued notice and granted him opportunity of hearing, it would have become clear that there was no dispute regarding gift deed and relinquish 2 deed and complaint made by present respondent no. 2 was misconceived. The notice action impugned in suit is on complaint of respondent No.2. In this situation, we do not find error or perversity in the order dated 20.01.2011 of Single Judge, hence Letters Patent Appeal is rejected. JUDGE JUDGE scd//