1 WP 7489.2011 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 7489 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. H.H.Padalkar, Advocate for the petitioner. ................................ CORAM : S.V. GANGAPURWALA, J. DATE :27/09/2011 PER COURT : 1. The Suit was filed by the present respondents/plaintiffs for declaration and injunction. The said Suit came to be dismissed. Aggrieved thereby, the plaintiffs filed Appeal before the District Court. The said Appeal was filed in the year 2007. When the said Appeal was ripe for hearing, the present petitioner filed an application purportedly under Order I Rule 10 ( 2 ) of the Code of Civil Procedure for impleading the present petitioner as party in the Appeal. The said application is rejected. Aggrieved thereby, the present Writ Petition is filed. 2. Mr. Padalkar, the learned counsel for the petitioner 2 WP 7489.2011 submits that the petitioner has a share in the said property, she being the legal representative of Sopan. When the petitioner, on the face of it, is in a position to demonstrate her right in the suit property, the petitioner should have been added as a party. The lower appellate Court on a wrong premise has rejected the said application. 3. The Suit filed by the plaintiffs is dismissed and the Appeal filed by the plaintiffs is fixed for final arguments. It has been discussed by the Court below that the present petitioner was a party in the Civil Revision Application and the petitioner had knowledge of the Suit even in the year 2004. But, no such application was moved in the Suit and when the Appeal is fixed for final arguments, the said application is filed. More over, if the petitioner is not a party to the Suit, then in such circumstances, the petitioner would not be bound by any Judgment and decree passed by the Court in the said litigation. The petitioner has an independent right. 4. In light of the above, the Writ Petition being sans merit, is dismissed. No costs. [ S.V. GANGAPURWALA, J.] KNP/WP 7489.2011 3 WP 7489.2011