1 WP 5531/10 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5531 OF 2010 ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. R.S. Shekawat i/b Mr. Rajiv K. Gupta for the petitioner. Ms. Fatima Khan i/b Mr. A.M. Saraogi for respondent no.1. Mr. M.D. Pokale for respondent no.3. CORAM : D.G. KARNIK, J. DATE : 28TH JULY 2010 P.C. : 1. Heard. 2. This writ petition is directed against an interlocutory order requiring no interference in exercise of writ jurisdiction under Article 227 of the Constitution of India. 3. In a plaintiff’s suit for injunction restraining the defendant from carrying out any 2 WP 5531/10 work of construction or creating any third party rights in the suit property, the application made by a third party (respondent no.3 herein) to join it as a party defendant was allowed. Counsel for the petitioner submitted that the respondent no.3 is not a necessary party to the suit and, therefore, the trial court erred in joining him as a party to the suit. In paragraph 11 of the plaint, the plaintiff himself has named the respondent no.3 as the person who has entered into a transaction with the original defendant. The petitioner has further alleged that despite the request the original defendant was not willing to disclose the transaction between him and the respondent no.3. This clearly shows that the respondent no.3 has an interest in the property. Furthermore, there was a previous litigation instituted by the present petitioner’s brother against the respondent no.3 and this discloses that the respondent no.3 has an interest in the property. As such, it cannot be said that respondent no.3 is not a proper 3 WP 5531/10 party. The discretion exercised by the trial court in joining him as a party cannot be interfered with. The writ petition is rejected summarily. (D.G. KARNIK, J.)