1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7159 OF 2009 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. Shri Amit M. Shete for the Petitioner. Shri Ajay A. Joshi for Respondent No.1. ­­ CORAM : A.S.OKA, J. DATE : 29th January 2010. P.C.: . Heard learned counsel appearing for the Petitioner. By the order impugned in this Writ Petition under Article 227 of the Constitution of India, the name of the 1st Respondent ( 1st Defendant ) has been ordered to be deleted in exercise of powers under Rule 10 of Order I of the Code of Civil Procedure, 1908. 2. Learned counsel appearing for the Petitioner invited my attention to the averments made in the suit. He pointed out that a specific assertion has been made as regards the alienation made by the 1st Respondent in favour of the 2nd to 4th Respondents. He pointed out that it is specifically averred that by a conspiracy, the 1st to 4th Respondents have brought into existence a document 2 dated 10th February, 2009. He submitted that though the relief may not have been specifically claimed as against the 1st Respondent, the said Respondent is a proper party to the suit. He placed reliance on a decision of the Apex Court in the case of Kasturi v. Iyyamperumal & Ors., [2005(3) MLJ 1 ]. 3. After having considered the submissions, I find that there is no error in the view taken by the trial Court. The suit is simplicitor for perpetual injunction. The relief of perpetual injunction has been claimed only against 2nd to 4th Respondents. The cause of action pleaded in Paragraph 3 of the Plaint is only as against the 2nd to 4th Respondents. It is alleged that on 12th February, 2009, the 2nd to 4th Respondents threatened to disposses the Petitioner. Even in Paragraph 2 of the Plaint, it is asserted that the threat of dispossession is at the instance of the 2nd to 4th Respondents. 4. As the Plaint stands today, no case for interference is made out. Hence, the Writ Petition is rejected. (A.S.OKA,J)