kbp 1 6125-09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBA CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6125 OF 2009 Sheetal Appasaheb Mirje ..Petitioner Vs. Mahavir Appasaheb Mirje ..Respondent ......... Mr.M.A.Patil, for petitioner. Mr.Amit Sale, for respondent. ......... CORAM : A.S.OKA, J.. DATE : 7 th OCTOBER, 2009. P.C. : 1] Heard learned advocates for the parties. 2] The petitioner is the first defendant in a suit filed by the present respondent. The petitioner applied for impleading three persons as party defendants to the suit. The respondent plaintiff is relying upon the alleged memorandum of partition. In the application made by the petitioner for impleading third parties as parties to the suit, it is contended that unless the parties to the memorandum come before the court and state that the memorandum has been acted upon, the document cannot be held as proved. 3] After having heard the submissions of the learned counsel for the petitioner, I find that the application made by the petitioner 1 st defendant has been rightly rejected. Going by the averments made in the plaint, even kbp 2 6125-09.sxw assuming that the persons concerned are necessary or proper parties, at the instance of a defendants, they cannot be impleaded as parties. The issue of non-joinder of the parties remains open notwithstanding the impugned order. 4] No case for interference is made out. Writ Petition is rejected. ( A.S.OKA, J. )