ssm sm sm IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO.7018 OF 2008 PETITION NO.7018 OF 2008 PETITION NO.7018 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, appearances, Court’s Orders or directions and Registrar’s Orders Court’s or Judge’s Orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr.Shishir Joshi for the Petitioners. Mr.Sachin Shetye i/by Mr.P.G.Karande for the Respondents. CORAM CORAM CORAM : ANOOP V.MOHTA, J. : ANOOP V.MOHTA, J. : ANOOP V.MOHTA, J. DATED DATED DATED : 17th October, 2008. : 17th October, 2008. : 17th October, 2008. P.C. P.C. P.C. . The Petitioners who are Original Plaintiffs, wants to delete the name of Defendant No.1 based upon the affidavit filed on record, which according to the Plaintiffs make position very clear that the Defendant No.1 is not necessary party. However, the said Defendant No.1 has opposing the same by contending that he is the necessary party in the Suit. The Court below, in the impugned order, has only observed that the plaintiffs to take necessary ( 2 ) chamber summons for the same. In view of this, there is no reason to interfere with the said order. 2. The Petition is, accordingly dismissed. [ ANOOP V.MOHTA,J.] ANOOP V.MOHTA,J.] ANOOP V.MOHTA,J.]