1 pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7473 OF 2011 M/s. Anaya Constructions ...Petitioners Versus Hira L. Khedekar & Others ...Respondents S.M.Oak i/b/ Sagar Joshi for the Petitioner CORAM:- R.Y.GANOO, J. DATED:- 11th OCTOBER, 2011. P.C. 1. The respondent nos.1 and 2 filed Regular Civil Suit No.699 of 2010 in the Court of Civil Judge, Senior Division, Thane. The petitioners herein who is the original defendant no.1 filed application below Exhibit 24 praying that one Mr. Suresh Dewal, be joined as Party defendant. That application has been rejected by the learned 7th Joint Civil Judge, Senior Division, Thane, by Order dated 5th July, 2011. I have heard learned Advocate Mr. Oak appearing on behalf of the petitioner. The impugned order is passed so as to reject the 2 application. Learned Advocate Mr. Oak contended that said Dewal has interest in the litigation and he is necessary party. The claim made by the petitioner on facts may be true, at the same time, the defendant in suit cannot decide as to who should be joined as party defendant. That is the privilage of the petitioner. Hence, the impugned order does not require interference. Hence the order. ORDER i. Petition is dismissed at the stage of admission. There shall be no order as to costs. (R.Y.GANOO, J.)