IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5044/2009 Dilip K.Patil Petitioner Vs. Raj B.Gulati & Ors. Respondents Mr.P.S.Dani with Mr.Ganesh Bhujbai for petitioner Mr.S.A.Sawant for Res.2,4 to 6 Mr.P.B.Shelke for Res.1 CORAM: MRS.MRIDULA BHATKAR,J. DATE : 15th JANUARY,2010 P.C. . Heard finally by consent. 2] The petitioner has filed an application praying that he be allowed to intervene and be made party defendant in the suit. The suit is filed by respondent no.1 i.e. original plaintiff against the other respondents for injunction simplicitor. 3] If at all the petitioner has any right in the said constructions and as claim against other respondents then that is a different issue and the petitioner should file separate suit and seek relief accordingly . The finding given by learned Trial Judge that the petitioner is not necessary party to the suit and the suit can be adjudicated and finally decided without adding him , is correct. The petition is dismissed. (MRS.MRIDULA BHATKAR,J.)