1 pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATEJURISDICTION WRIT PETITION NO. 7232 OF 2011 Eknath M. Belhekar ...Petitioner Versus Perfect Builders & Developers & Others ...Respondents Mr. Ajay Patil for the Petitioner CORAM:- R.Y.GANOO, J. DATED:- 19th SEPTEMBER, 2011. P.C. 1. The petitioner plaintiff filed application below Exhibit 53 in the Court of 3rd Joint Civil Judge, Senior Division, Kalyan in Special Civil Suit No.60 of 2009 under Order 1 Rule 10 of CPC for joining M/s. Ashray Developers, a partnership firm through its partners in the said suit. The said application has been rejected by Order dated 16.7.2011. 2. I have heard learned Advocate for the petitioner. It is to be noted that 2 the said application below Exhibit 53 came to be rejected on the ground that application similar to the one at Exhibit 53 came to be rejected by this Court while deciding Appeal from Order No.156 of 2011. I would say that the learned Judge was right in dismissing the said application as the issue of joining M/s. Ashray Developers was decided on account of disposal of Civil Application No.7576 of 2011 in Appeal from Order No.156 of 2011. As of today, no interference is called for in the impugned order dated 16.7.2011. Needless to mentioned that it will be open for the petitioner to seek clarification from learned Judge who had passed order dated 21.3.2011 in Civil Application No.7576 of 2011. If the said clarification goes in favour of the petitioner it will be open for the petitioner to file a fresh application similar to Exhibit 53. 3. Petition stands disposed of in above terms with no order as to costs. (R.Y.GANOO, J.)