1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.4912 OF 2009 Prakash s/o Bhikchand Agrawal, R/o-Old Bombay - Agra Road, Plot No.87, Dhule, Tq. & Dist-Dhule. ...PETITIONER. VERSUS 1) Smt. Manju w/o Shri. Ram Airen, R/o-6/2, New Palasia, Opp. Community Hall, Indore, 2) Smt. Asha w/o Ashok Mansinghka, R/o-17/3, South Tukoganj, Street No.1, Indore, 3) Smt. Rama Vinod Bidasariya, R/o-185, Saket Nagar, Indore, 4) Manohar s/o Bhikchand Agrawal, R/o-Old Bombay-Agra Road, Plot No.87, Dhule, Tq.&Dist-Dhule, 5) Smt. Gyarasidevi s/o Bhikchand Agrawal, R/o-Old Bombay-Agra Road, Plot No.87, Dhule, Tq. & Dist-Dhule, 6) Hotel Siddhi Venketesh Pvt. Ltd., Agra Road, Dhule, Through Chairman, and M.D., Manohar s/o Bhikchand Agrawal, R/o-Agra Road, Dhule, Tq. & Dist-Dhule, 7) Jeevan Ram Bijeram Agrawal (HUF), Dealer of Indian Oil Corporation Ltd., Through Manohar s/o Bhikchand Agrawal, R/o-Old Bombay-Agra Road, Plot No.87, Dhule, Tq. & Dist-Dhule. 2 8) Manohar Automobiles, Opp. Shivaji Statue, Agra Road, Dhule, Through Partner Prakash s/o Bhikchand Agrawal, Agra Road, Dhule. 9) Sau. Gunprabha Mahendra Lunkand, R/o-Padamaprabha, 433/2, Ganpati Nagar, Jalgaon, Tq. & Dist-Jalgaon. ...RESPONDENTS. ... Mr.S.K. Kulkarni Advocate i/b. Mr. S.P. Brahme Advocate for Petitioner. Mr.S.P. Deshmukh Advocate for Respondent Nos.1 to 3. ... CORAM: K.K. TATED, J. DATE : 25TH AUGUST, 2009. PER COURT : 1. Heard learned counsel for the Petitioner and learned counsel for the Respondent Nos. 1 to 3. By this Petition under Article 226 and 227 of the Constitution of India, the Petitioner - original defendant No.2 challenges the order dated 29th July, 2009 passed by IInd Joint Civil Judge, Senior Division, Dhule below Exhibit 1 in Special Civil Suit No.113 of 2006. Respondent Nos. 1 to 3 are original plaintiffs and Respondent No.4 to 9 are original defendants. The 3 Petitioner - original defendant No.2 preferred application below Exhibit 133 on 25th March, 2009 for joining third persons as defendant Nos. 8 to 11 in Special Civil Suit No. 113 of 2006. On the said application, the trial Court passed order dated 29th June, 2009 holding that the application below Exhibit 133 will be taken for hearing immediately after the cross examination of the plaintiff whose affidavit of examination in chief is produced at Exhibit 112. 2. Learned counsel for Respondent Nos. 1 to 3 - original plaintiffs has no objection if the application Exhibit 133 is decided on next date of hearing i.e. scheduled on 29th August, 2009. 3. Considering the statement made by learned counsel for Respondent Nos. 1 to 3, the trial Court is directed to hear the application below Exhibit 133 on next date of hearing i.e. on 29th August, 2009. Parties to co- operate in disposal of the application Exhibit 133 in Special Civil Suit No.133 of 2006. The trial to continue as the same is going on. 4 4. Writ Petition is disposed of on the terms indicated above. 5. Authenticated copy of this order be provided to the learned counsel for the parties. [K.K. TATED, J.] asb/AUG09/wp4912.09