(1) WP. 1704.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 1704 OF 2010 Suresh S/o Manjiba Katwate and others .. Petitioners VERSUS Ramanujdas S/o Laxminarayan Zawar and others .. Respondents Mr. M.P. Gude, Advocate for the Petitioners ... CORAM : R.M. BORDE, J. DATED : 13TH APRIL, 2010 PER COURT:- 1] Application presented by the petitioners for their impleadment in the pending suit presented by the respondents in Special Civil Suit no. 78 of 2006, has been turned down by the trial Court and the said order passed on 20.01.2010 is the subject matter of challenge in this Petition. 2] It is noted in the plaint that the property in question was alienated by the grand-father of the applicants in favour of the original plaintiff. Considering the statement appearing in paragraph no.2 of the plaint, the applicants contend that as their grand-father was owner of the property they still (2) WP. 1704.2010 have subsisting interest in the subject matter of the suit and as such their impleadment is necessary. 3] Considering the facts and circumstances of the case, the third party applicants-petitioners herein cannot be considered as either necessary or proper party to the suit. The relief claimed in the suit is not as against the third party and any order passed in the suit will not be binding on them. The Petition does not call for any interference in exercise of the extra-ordinary jurisdiction under Article 227 of the Constitution of India. The Writ Petition stands rejected. Sd/- (R.M. BORDE, J.) arp