1 wp-1637-11.sxw mmj IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1637 OF 2011 Shirmabai Raghunath Mali & Ors. .. Petitioners Versus Kashibai Raghunath Mali & Ors. .. Respondents Mr.Vikas M Mali for the Petitioners. Mr. Rakesh Patil for the Respondent Nos.1 and 2. Mr. Dilip Shinde for Respondent No.3. CORAM : R. M. SAVANT, J. DATED : 21st December, 2011 P.C. 1 The above Petition takes exception to the Order dated 14-12-2011 passed by the 3nd Joint, Civil Judge, Junior Division, Tasgaon by which Order, the Application for impleadment filed by the Petitioners herein in Regular Civl Suit No.12 of 2007 came to be rejected. 2 The Suit has been filed by the Respondent Nos.1 and 2 claiming partition and maintenance out of the ancestral and separate properties of the Respondent No.3. The Applicant No.1 is the second wife of the Respondent No.3 and the Applicant Nos.2 to 4 are the children of the Respondent No.3, sought their impleadment in the said suit. 3 In so far as, the ancestral property is concerned, it is well settled 2 wp-1637-11.sxw that the illegitimate children do not have share in the ancestral property and have a share only in the property of the father. In so far as the separate property is concerned, the Respondent No.3 being a party to the said suit, would be defending the said suit and therefore, impleadment of the Applicants is not necessary. The Applicants are neither necessary nor proper parties to the said Suit. 3 In that view of the matter, no case for interference with the impugned Order in the Writ Jurisdiction of this Court under Article 227 of the Constitution of India is made out. The Writ Petition is accordingly dismissed. ( R. M. SAVANT, J. )