(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 2388 OF 2011 Sow. Kartarkar w/o. Hazurasingh Patre, Age : 60 years, Occupation : Household, R/o. Sikh Dhanora, Sindkhed, .. Petitioner Taluka : Kinwat, Dist. : Nanded. (Original plaintiff) versus Deepsingh s/o. Jeevansingh Shahu, Age : 64 years, Occupation : Business, R/o. Badpura Gurudwara Gate No.3, Nanded, .. Respondents and 14 others. (Original defendants) ....................... Mr. M.V. Ghatge, Advocate, holding for Mr. B.N. Gadegaonkar, Advocate, for the petitioner. ........................ CORAM : B.P. DHARMADHIKARI, J. DATE : 28TH MARCH 2011 (2) COURT'S ORDER : 1. Heard Adv. Mr. M.V. Ghatge, holding for Adv. Mr. B.N. Gadegaonkar, for the petitioner. 2. The petitioner / original plaintiff has challenged the order dated 17-2-2011, passed by the learned Civil Judge (Senior Division), Nanded, below Exhibit 66 in Special Civil Suit No. 138/2009, thereby rejecting the application filed by the petitioner under Order VI Rule 17 of CPC, seeking amendment to plaint. 3. In a suit for partition and separate possession, petitioner / plaintiff obtained order of status quo. It is contended that suit was filed when properties were already transferred by some of the defendants and now Municipal Corporation is mutating those properties in the name of purchasers. The mutation is opposed by the petitioner and Municipal Corporation has come up with stand that orders of status quo are not binding upon it as it is not party to the suit. Hence application under Order VI Rule 17 of CPC was filed seekig addition of Municipal Corporation as party. 4. I find that the trial court has rightly rejected the application. The Municipal Corporation is bound to abide by the (3) orders of Civil Court in the matter and mere mutation by it does not confer any title upon the persons. In a suit for partition and separate possession, Municipal Corporation is not concerned at all. 5. With liberty to the petitioner to take appropriate steps in the matter, present petition is disposed of. No costs. ( B.P. DHARMADHIKARI ) JUDGE ......................... bgp/wp2388