1 wp 6205-2009 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6205 OF 2009 Nandkumar Dattu Dhote & Ors. ...Petitioners vs. Rau Shankar Mahapure & Ors. ...Respondents Mr.L.H. Patil for the Petitioners. CORAM : B.R. GAVAI, J. DATED : JANUARY 13, 2011 P.C :- 1 By way of present petition, the petitioners challenge order dated 5th October, 2006 passed by the learned Civil Judge, Senior Division, Ichalkaranji, vide which the application filed by the present petitioners for impleading them as party to the proceedings came to be rejected. 2 The learned Counsel for the petitioners relied upon the judgment of the Division Bench of 2 wp 6205-2009 this Court in the case of Rashtriya Mill Mazdoor Sangh vs. Empress Mills & Ors. (2007(5) ALL MR 6). 3 The suit has been filed by the respondents herein against the defendants claiming for an order of injunction, that the house allotted to them should not be restored to the Government. In the said suit, an application came to be filed by the present petitioners. Same is rejected. 3 It can be seen from the record that the plaintiffs had opposed the application. It is settled law that the plaintiff is a dominus litus. Apart from that, the learned trial court itself has observed that if the petitioners have any grievance, they are entitled to file a separate suit. In so far as the judgment of the Division of this Court is concerned, it holds that acquiring body is necessary party. The said judgment will not be applicable to the facts of the present case. 3 wp 6205-2009 4 No case is made out for interference in the extraordinary jurisdiction under Article 227 of the Constitution of India. Petition is rejected. (B.R. GAVAI, J.)