1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Writ Petition No. 5995 of 2011 Subhadrabai Haribhau Bhandarwar and others. Vs. Gajananrao Harishchandra Bagwe. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. RY/RR Rajkarne, counsels for the petitioners. CORAM : SMT. VASANTI A. NAIK J. DATE : 7 th December, 2011. Heard. By this petition, the petitioners impugn an order passed by the appellate court on 24.8.2011, rejecting an application filed by the petitioners for addition of Shri Hemant Bagwe, the son of respondent, as a party respondent to the first appeal filed by the petitioners. It is the case of the petitioners that after the trial court decided the matter and the petitioners filed the appeal, the respondent has mischievously transferred the property to his son Hemant Bagwe by a registered Gift Deed and hence Hemant Bagwe should be added as a party respondent to the appeal. Though the reasons recorded by the first appellate court for rejecting the application filed by the petitioners may not be proper, the order rejecting the application for joinder of party appears to be just and proper. It cannot be said that Shri Hemant Bagwe is a necessary party to the proceedings and his presence was necessary for effectively deciding the controversy between 2 the parties. The court is empowered to permit the joinder of party at any stage of the proceedings but since Shri Hemant Bagwe was not a necessary party and his presence was not necessary for effectively deciding the controversy, the impugned order rejecting the application under Order 1 Rule 10(2) of the Code of Civil Procedure cannot be said to be erroneous. In the result, the writ petition fails and is dismissed with no order as costs. JUDGE Hirekhan.