:1: :1: :1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT PETITION NO. 5071 OF 2007 Shri Anandrao Balwant Nikam ...Petitioner Versus The State of Maharashtrea and Ors. ....Respondents Mr.S.P.Kadam, Adv. for the petitioners. Mr.P.S.Dani, Adv. for respondent no.2. Mr.S.S.Patwardhan Adv. for respondent no.3. CORAM: S.C.DHARMADHIKARI, J. 15th January, 2008. P.C. P.C. P.C. : : : 1. At the stage at which the matter stood before the lower appellate court, and when it was doubtful as to whether one Suhas Korde had infact surrendered his right in respect of Plot no. 112 allotted to him, the :2: :2: :2: lower appellate court was right in interfering with the order of the Trial court granting injunction in favour of the present petitioner. The petitioner had not joined the said Suhas Korde as a party Opponent to the dispute. That is one more ground for vacating the interim order. In such circumstances, and when the petitioner will have to prima-facie show whether he has a right to get the plot allotted, there is no need to interfere with the order of the lower appellate court. The order does not suffer from any error apparent or perversity. The petition is summarily dismissed. No order as to costs. *******