IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5309 OF 2008 Shri Kantilal Nathmal Baldota & Ors....Petitioners Versus Smt.Sheela Jawaharlal Nagori & Ors. ...Respondents ...... Mr.Dhananjay Lonkar for Petitioners. None for Respondents. ...... CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. AUGUST 7, 2008. AUGUST 7, 2008. AUGUST 7, 2008. P.C. P.C. P.C. 1. Admittedly, the Petitioners are not party to the Suit. If it is so, the Petitioners cannot be permitted to question the correctness of the order passed by the Trial Court on application for amendment Exhibit 29. The argument of the Petitioners that they have already applied for being impleaded as party-Defendants in the Suit does not commend to me. So long as the Petitioners are not impleaded as party to the Suit, they cannot be permitted to question the correctness of any : 2 : order passed in the said suit particularly with regard to the amendment of the pleadings. 2. In the circumstances, this Petition will have to be dismissed. However, Counsel for the Petitioners fairly submits that he may be permitted to withdraw the present Petition with liberty to challenge the order dated 9th April 2008 passed below Exhibit 29 by way of appropriate proceedings including before the Trial Court for recall of that order, if so advised. 3. In the circumstances, this Writ Petition is allowed to be withdrawn with liberty as prayed. A.M.KHANWILKAR, J.