wp3609.11.odt 1/2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETN. NO.3609/2011 Sau.Minal Santoshrao Thakare -vs- Rajendra Ambadas Bahad and another ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders. or directions and Registrar's orders. ------------------------------------------------------------------------------------------------------------------------------------ Shri M. A. Vaishnav, learned counsel for the petitioner. CORAM : R. M. SAVANT, J. DATED : 01/08/2011. The above petition takes exception to the order dated 07/06/2011 passed by the learned 2nd Joint Civil Judge, Senior Division, Amravati, by which order the application filed by the petitioner for impleadment in Special Civil Suit No.69/2010 came to be rejected. The said Special Civil Suit No.69/2010 has been filed by the plaintiff i.e. the respondent No.1 herein for specific performance of an agreement against the defendant in that suit. It is the case of the petitioner herein that the said defendant has also entered into an agreement on 17/12/2009 with the petitioner and, therefore, the petitioner is a necessary party to the said suit. The trial Court, on the ground that if the petitioner is claiming any right on the basis of the agreement that the defendant has entered into within, he would be free to file appropriate proceedings, has rejected the said application filed by the petitioner. wp3609.11.odt 2/2 In my view, the order of the trial Court in rejecting the said application cannot be faulted with. In that view of the matter, no case for interference is made out. The above Writ Petition is accordingly dismissed. However, the dismissal of the Writ Petition would not preclude the petitioner from filing appropriate proceedings to assert his right under the said agreement dated 17/12/2009. JUDGE KHUNTE