1 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.9869 of 2009 Kishore Ramchandra Tawde ... Petitioner versus Bharat Sripatrao Mandlik & ors. ... Respondents ... Mr. S.M.Mirajkar for the petitioner. Mr. Abhijit M. Adagul for respondent no.1. CORAM : D.G. KARNIK, J. DATED : 7th July 2010 P.C. 1. By this petition, petitioner challenges the order dated 19 March 2009 passed by 13th Joint Civil Judge, Jr. Division, Kolhapur rejecting the petitioner’s application under Order 1 Rule 10 of the Code of Civil Procedure for joining him as a party to the suit. 2. Respondent no.1 is the owner of the suit property which is half share in the land bearing Gat No.574/1. Respondent nos.2 and 3 are the owners of the other half share. Respondent no.1 filed a suit against respondent nos.2 and 3 for an injunction restraining them from proceeding with the scheme under the Urban Land (Ceiling and Regulation Act) 1976 (for short “ULC Act”) in respect of the suit land. 2 3. According to the petitioner, the respondent no.1 has given him a Power of Attorney for getting a lay out plan sanctioned in respect of his half share and therefore, he should be joined as party to the suit. The power of atttorney given to the petitioner has been terminated by the respondent no.1 though the petitioner disputes the legality of the termination. Assuming however, that the power of attorney subsists, in my view, that does not entitle the petitioner to be joined as party to the suit which arises out of a dispute between respondent no.1 on one hand and respondent nos.2 and 3 on the other hand. The petitioner is in no way concerned with the internal disputes between the respondents who are the owners of the total property. If the petitioner has any independent right against the respondent no.1 under the power of attorney or under any other arrangement whatsoever, he is free to enforce his rights by taking appropriate legal proceedings before appropriate legal forum. With this observation, writ petition is rejected summarily. (D.G. KARNIK,J.)