1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 8619 OF 2008 Balekhan Ajamkhan Pathan .. Petitioner Versus Noorkhan Pasha Pathan and others. .. Respondents Mr. M.L. Dharashive, Advocate for the petitoiner. CORAM : B.R. GAVAI J. DATE : 17TH DECEMBER, 2009. ORAL ORDER 1] By way of present petition, the petitioner challenges the order dated 2nd December, 2009, passed by the learned Jt. Civil Judge Ausa, in R.C.S. No. 16/2006, thereby rejecting the application filed by the present petitioner for adding him as party defendant. 2] The suit has been filed by the respondent Nos. 1 and 2 herein, against the respondent No.3 claiming declaration and ownership fo the suit land. 2 3] The suit is based on the Oral Hibba by defendant in favour of th plaintiffs. In the said suit, the defendant was summoned. According to the present petitioner, the land in question is sold in favour of the present petitioner by the defendant and , therefore, he was a necessary party. 4] The learned trial court has found that the suit was filed on 6/1/2006. The suit summons were duly served on defendant on 20/1/2006. The sale deed on which the present petitioner relies has been executed on 12th April, 2006. The learned trial court has therefore found that the sale deed has been executed after the receipt of the suit summons by the defendant No.1 and, therefore, it will be hit by the Doctrine of Lis Pendens. In that view of the matter, no perversity could be found in the approach adopted by the learned trial court. Hence, the application is rejected. [B.R. GAVAI, J.] GRT/-