1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3089 OF 2009 Balekhan Usman Sutar & Anr. ..Petitioners. V/s. Rashid Usman Sutar & Ors. ..Respondents. Mr.Saurabh M. Railkar for Petitioners. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : MARCH 30, 2009. DATE : MARCH 30, 2009. DATE : MARCH 30, 2009. P.C. : P.C. : P.C. : 1. Heard Counsel for the Petitioners. 2. I am in agreement with the opinion recorded by the Court below that the third party applicants being members of the Low Income Group Co-operative Housing Society Ltd., would be appropriate, if not necessary party in the present suit, having regard to the fact that the relief claimed by the Plaintiff is in respect of the property, which belongs to said society, of which the third party applicants claimed to be members. Hence, no interference with the discretionary order passed by the Court below is warranted in exercise of writ jurisdiction. Dismissed. 2 (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)