:1: :1: :1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT PETITION NO. 9091 OF 2007 Everard Symons ...Petitioner Versus Mr.Hillare D’souza and Ors. ....Respondents Mr.S.F.Rego i/by. M.J. D’monte Adv. for the petitioners. Mr.R.M.Parekh Adv. for respondent nos.1 to 5. CORAM: S.C.DHARMADHIKARI, J. 16th January, 2008. P.C. P.C. P.C. : : : 1. The petitioner is an applicant who applied for being impleaded as party defendant no.5 in R.A.E. and R.Suit no.285/476/2006. That is a suit filed by the respondents 1 to 5 before me. That suit is filed :2: :2: :2: against respondent nos.6 to 9 who are original defendants nos.1 to 4 for possession of the suit property. 2. The petitioner applicant applied by an Application (Ex.7) for joining him as a party defendant. His case is that he is the co-owner of the suit property and that there are several litigations pending between him and the original plaintiffs. Further, he has referred to an order passed on 18.12.1998 in R.A.D.Suit No. 5626 of 1986. 3. That application was rejected and that is why the present petition. 4. After this matter was argued for some time, Mr.Parekh appearing for respondent nos.1 to 5 original plaintiffs and Mr.Rego appearing for the petitioner/original applicant agree that the application Exhibit-7, be allowed to the extent that the petitioner shall be impleaded as defendant no.5. Mr.Rego, makes a statement on instructions that the petitioner-applicant will support the case of the :3: :3: :3: plaintiffs in the suit for possession and injunction against the respondent nos. 6 to 9. Mr.Parekh states that the amendment would be carried out within a period of two weeks. Amended plaint to be served on the petitioner applicant within a period of two weeks thereafter. The suit thereafter to proceed in accordance with law. Petition disposed off. No order as to costs. ********