IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2317 OF 2009 Shakuntala Anandrao Hegde ...Petitioner V/s. Shila Vasant Deepak & Anr. ...Respondents ...... Mr.B.G.Tangsali for Petitioner. None for Respondents. ...... CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. APRIL 3, 2009. APRIL 3, 2009. APRIL 3, 2009. P.C. 1. Heard Counsel for the Petitioner. 2. In my opinion, the view taken by the Court below in the fact situation of the case is just and proper. For, it is not the case of the Petitioner that he is the owner of the disputed premises as also in physical possession thereof. The fact that the parties to the Suit are in possession of the suit property is not disputed by the Petitioner in the application as filed. If it is so, merely : 2 : because the Suit is between two parties in relation to premises which are owned by the Petitioner does not mean that the Petitioner be made party Defendant to such a Suit. No relief has been claimed against the Petitioner. 3. Assuming that the decision in the Suit is adverse to the Petitioner, the same would not bind the said Petitioner as he is not party to the said Suit. 4. The Petitioner may be free to pursue such other remedy against the occupant of the said premises, as may be advised, which proceedings will have to be decided on its own merits. Dismissed. A.M.KHANWILKAR, J.