/ 1 / IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6917 OF 2006 Narayan Ramayya Katkam & Ors. ...Petitioners V/s. Smt.Maherunnisa Musa Qureshi & Ors. ...Respondents Shri.R.D. Suryawanshi for Petitioners. Mrs.P.U.Badadare i/b.Shri.P.R.Arjunwadkar for Respondent No.1 to 3. Shri.Vijay Killedar i/b.Shri. Nitin Jamdar for Respondent No.4. CORAM : V.M. KANADE, J. DATED : 8th MARCH, 2007. P.C. :- 1. Heard learned counsel for the Petitioners and learned counsel for Respondents. 2. The Petitioners are challenging the order passed by the Trial Court rejecting their application which was filed in Civil Suit No.64/2006 filed by the Respondents against the Bhiwandi Niazmpur City Municipal Corporation. In the said application it was pleaded that the Petitioners should be added as party/defendants. It is case of the Petitioners that they are tenants in respect of M.H.No.174, Kaneri, / 2 / Bhiwandi and that Respondents No.1 to 3 are owners of house which is adjacent to their house. It is further their case that these respondents have started construction on the said adjacent property and as a result of construction, which according to him, is unauthorised, easementary right of Petitioners is affected. He submitted that therefore, they filed application under Order 1 Rule 10 C.P.C. in the suit which was filed by the Respondents. Civil Judge (J.D.) however, rejected the application. While rejecting the application he has observed that present petitioners have already filed R.C.S.No.634/2005 against the plaintiffs in respect of illegal construction and that same is pending. 3. I have perused the impugned order. In my view, there is no reason to interfere with the impugned order, particularly when the Petitioners' grievance can be agitated in the suit. . Writ Petition is, accordingly rejected. V.M. KANADE, J.