1 WP 5577.2011 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 5577 OF 2011 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr.M.P.Gude, Advocate for the Petitioner. ............................ CORAM : S.V. GANGAPURWALA, J. DATE : 28/07/2011 PER COURT : 1. The petitioner is the original plaintiff no. 5, who had filed Suit for declaration of ownership and possession. There are almost 294 defendants in the said Suit. During the pendency of the Suit, the present respondent nos. 5 to 9 filed an application for impleadment under Order I Rule 10 ( 2 ) of the Code of Civil Procedure. The same is allowed. Aggrieved thereby, the present Writ Petition is filed. 2. Mr. Gude, the learned counsel for the petitioner submits that the respondent nos. 5 to 9 do not have any right, title or interest in the property. They can not claim to be the legal 2 WP 5577.2011 representatives of Kamalabai, died issueless. The present petitioner is the mother of said Kamalabai. In view of the same, claim of respondent nos. 5 to 9 could not have been entertained. 3. In an application for addition of party, the respondent nos. 5 to 9 have shown their interest. Whether they will be in a position to prove their case, is a different matter altogether. The Court has also observed that mere addition of the party, does not mean that they are entitled for the relief. 4. In view of the above, the Writ Petition can not be entertained and as such is dismissed. No costs. [ S.V. GANGAPURWALA,J. ] KNP/WP 5577.2011