: 1 : 7166-11-wp=.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7166 OF 2011 Sudhir Vitthal Bhujbal (Since deceased) through his LRs & Ors. .. Petitioners v/s. The State of Maharashtra Through the Collector / Dy. Director, (Rehabilitation of Lands), Pune & Ors. .. Respondents ......... Mr. Vaibhav Patankar for the petitioners ......... CORAM : R.Y.GANOO, J DATE : 12th OCTOBER,2011. P.C. : 1. The petitioners along with respondent nos. 12, 13, 14A to 14D filed a suit in the Court of learned Civil Judge, Senior Division, Pune being R.C. Suit No.1788 of 1993 for three reliefs. A perusal of the said reliefs would clearly go to show that the suit was filed for the benefit of all the plaintiffs. According to the present petitioners, at some point of time, respondent nos. 12, 13 and 14A to 14D stopped co-operating with the petitioners in : 2 : 7166-11-wp=.sxw the matter of prosecuting the aforesaid suit and that his why the petitioners filed an application at Exh.92 for transposition of respondent nos.12, 13, 14A to 14D who were shown as plaintiffs as defendants. That application was decided by the learned Civil Judge, Senior Division, Pune by order dated 4th March, 2011. The said application is rejected. Hence, this petition. 2. I have heard learned advocate for the petitioners. Looking to the prayers of the suit and the nature of the reliefs, it is clear that the suit was filed for the benefit of petitioners as well as respondent nos. 12, 13, 14A to 14D. If the application for transposition is allowed, respondent nos. 12, 13, 14A to 14D would be styled as defendants and in such a case, they will not be able to have the benefits of prayers which were originally made for them. The learned Civil Judge, Senior Division, Pune has taken a correct view of the matter and has rightly rejected the said application because if a suit is filed by certain plaintiffs to have certain reliefs jointly, certain number of plaintiffs cannot be transposed as defendants and this transposition will result in depriving the transposed defendants of the reliefs which they had earlier sought in the plaint. On these reasons, I am inclined to dismiss the petition. Hence, following order is passed. : 3 : 7166-11-wp=.sxw ORDER (i) Petition is dismissed. There shall be no order as to costs. (R.Y.GANOO, J.)