1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.1464 OF 2009 M/s.Mahesh Developers ...Petitioner vs. Municipalo Commissioner & Ors. ...Respondents Mr.R.U.Singh for petitioner Mr.B.B.Nangre for respondent no.2 Mr.Mahadik, for respondent no.1-B.M.C. CORAM :A.S.OKA,J. DATE : SEPTEMBER 10, 2009 P.C. 1 Heard the learned counsel for the petitioner. The challenge in this writ petition under Article 227 of the Constitution of India is to an order passed by the trial court by which the petitioners-plaintiffs have been directed to implead the second respondent as a party- defendant to the suit. 2 The learned counsel for the petitioner submitted that the second respondent is neither a necessary nor a proper party as a limited challenge in the suit is to the action of the Municipal Corporation. He, therefore, submitted that the trial court has committed an error. 3 After having considered the submissions and after having perused the record, I find that the view taken by the trial court is proper. There is a suit pending between the parties in which interim orders have been passed and therefore, it cannot be said that the second respondent is neither a necessary nor a proper party to the suit. There is no reason to interfere in the discretionary order passed by the trial court. Writ Petition is rejected. JUDGE