1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.141 OF 2010 Ramchandra Raoji Mali ..Petitioner V/s The State of Maharashtra and others. ..Respondents ......... Mr.A.M. Dabir, advocate for petitioner. Mr.M.B.W. Khan, advocate for respondent no.2. Mr.D.R. Korade, A.G.P. for respondent no.3. ........ (CORAM : V.R.KINGAONKAR,J.) DATE : 7th July, 2010. PER COURT : 1. Heard learned counsel. 2. The is dispute arose about the status of Mutavali. The hereditary rights of the third party are yet not adjudicated but the issue is pending before the Competent Authority in the proceedings of enquiry under the provisions of the Atiyat Enquiries Act, 1952. The third party submits an application for his addition in the suit (Suit No.192/2006). The Wakf Tribunal has granted application by the impugned order dated 24.11.2009. So also, the issue has been framed to the effect as to whether the original defendant no.1 is entitled to get back the possession of service Inam land from 2 plaintiff (petitioner). It appears, on hearing of the learned counsel and after going through the record, that petitioner (plaintiff) has been directed to deliver possession of the Inam property. He has thereafter filed suit. The addition of third party, who claims to be the real Mutavali of Musjid and Darga to which the property is granted, can not be regarded as perverse. True rights of the third party are yet to be finally adjudicated by the Competent Authority. However, if the third party is not allowed to participate in the suit proceedings and the rights are adjudicated later on or in the midst of the Suit No.192/2006, then there is likelihood of multiplicity of litigation. In this view of the matter, the discretion exercised by the trial Court can not be faulted with. The trial Court, however, may frame the necessary issue about legal status of third party, if so found necessary and the issue which is already raised regarding the entitlement of the third party may be adjudicated after the proceedings about the Atiyat Enquiries are determined. The Petition is disposed of. (V.R.KINGAONKAR) JUDGE gas/wp141.10