1 W.P. No. 4543.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO. 4543 OF 2010 Madhukar S/o Jaganath Bedke ..PETITIONERS. VERSUS Govardhan S/o Mahipati Chavan & Others ..RESPONDENTS ... Shri N.V. Gaware , Advocate for petitioner Shri S.B. Rohite, Advocate for respondent Nos. 1 & 2 CORAM :- S.V. GANGAPURWALA JJ. DATE:- 2nd August, 2011. PER COURT: The present respondent No. 1 & 2 had filed suit for injunction. During the pendency of the suit, the present petitioner filed an application for dismissal of the suit on the ground of non-joinder of necessary parties. The said application is rejected. Aggrieved thereby, the present 2 W.P. No. 4543.10 petition is filed. 2. Shri Gaware, learned counsel for the petitioner submits that the Court has observed that for relief of declaration all co-owners are necessary parties, and if the suit would have been filed for relief of declaration of ownership, then it would be bad for non-joinder of necessary parties. But the Court has rejected the application, as the suit is also for injunction. According to the learned counsel, the relief of declaration is the principal relief and relief of injunction is ancillary relief. If the petitioner is not entitled for principal relief, he would also not be entitled for ancillary relief. According to the learned counsel, this aspect has not been considered by the Court. 3. The Court has observed that issues are framed and one of the issue is about non-joinder of necessary parties. The said issue will be decided after affording an opportunity of leading evidence by both the parties. In 3 W.P. No. 4543.10 such circumstances, the contentions of the petitioner are kept open. The said order is not pre-judicial to the interest of any of the party, as the issue of non-joinder is not decided and same would be decided after the evidence is led. In such circumstances, no case is made out for interference in the Writ jurisdiction of this Court. 4. In view of the above, Writ Petition is dismissed. No costs. [S.V. GANGAPURWALA, J ] SDM* August-11