{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.7307 OF 2008 Lalita Dhannulal Chowdhari & Others PETITIONERS VERSUS Dwarkadas Ranchandra Mandhane RESPONDENT ....... Mr.N.R.Jamdhade, Advocate for petitioners Mr.S.V.Kurundkar, Advocate for respondent ....... [CORAM : A.V.POTDAR, J.] DATE : 19 th June 2009 PER COURT: 1. By filing present writ petition, the petitioners have challenged order dated 17.10.2008 passed below Exhibit-22 in Special Civil Suit No.141/2005 by Civil Judge, Senior Division, Nanded. 2. Special Civil Suit No.141/2005 is filed for specific performance of contract by the respondent No.1 against the defendants No.1-1 to 1-7 and respondents No.2 to 4. The present petitioners are claiming that they have interest in the said {2} property, as the same is a joint family property. The application preferred by the petitioners under Order 1 Rule 10 of the Civil Procedure Code is rejected by the trial court, which is under challenge in this petition. 3. Admittedly, the present petitioners are not parties to the agreement to sale on the basis of which the suit for specific performance is filed by the respondent. If these petitioners have right or interest in the said property then the proper remedy is to file suit for declaration and partition before competent civil court and not to apply for adding them as party under Order 1 Rule 10 of the Civil Procedure Code in the suit for specific performance. In the premise, I do not found any fault or irregularity in the impugned order and hence the same need not require any interference. The writ petition, which is sans merits, is dismissed in liminie with no order as to costs. [A.V.POTDAR, J.] drp/wp7307-08