- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6091 OF 2008 ----------------------------------------------------- Office Notes, Office Memoranda of Coram, Court’s or Judge’s appearances, Court’s orders order or directions ----------------------------------------------------- ¦ Mr.P.S.Dani i/b Mr.S.M.Sabrad for ¦ the Petitioners. ¦ None for the Respondents. ¦ ¦ ¦ CORAM: ANOOP V. MOHTA , J. ¦ DATED: 26TH NOVEMBER, 2008 P.C.: None for the Respondents, though served. By the impugned order the challenge is to the rejection of Plaintiff’s application under Order VI Rule XVII of Civil Procedure Code (CPC), whereby the Plaintiff wants to add a person as a necessary party in view of Order I Rule X sub-rule (2) of the CPC, who according to the Defendant is in possession of the property. The suit is for possession of the suit property. In view of this and as the issues are - 2 - not yet framed, I see there is no reason why such application should not be allowed. The application is allowed. Petition is accordingly allowed. (ANOOP V. MOHTA, J.)