:1: :1: :1: FARAD CONTINUATION SHEET 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 PETITION NO. 1524 OF 2008 -------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court’s orders Court’s or Judge’s or directions and Registrar’s Orders Orders -------------------------------------------------------------------------- Mr.Surel S. Shah, Adv. for the petitioners. None for the respondents. CORAM: S.C.DHARMADHIKARI, J. DATED: 10TH MARCH, 2008. P.C. P.C. P.C. : : : 1. The inter-locutory order permitting one Shivaji Tukaram Shinde to be impleaded as Party Defendant in Reg.Civil Suit No. 320 of 2001 is impugned in this Writ petition. 2. The Trial court in an elaborate order and adverting to all materials, so also, finding that the said Shivaji was a party to the litigation in respect of the same property, held that he is a necessary party and his joinder will be therefore required for :2: :2: :2: effective and complete adjudication of the controversy. 3. Since settled principles have been applied and the material produced pointing out the interest of the said Shivaji in the suit property, which would make his presence necessary, there is no reason to interfere with the impugned order. 4. Mr.Shah submits that, three Suits being Suit No. 301 of 1992, 375 of 1999 and 320 of 2001 are pending and they should be clubbed together. 5. I do not see why such an request if made should be rejected, inasmuch, if the Suits are pending in the same court, then for avoiding conflicting judgments and orders, the trial court may pass appropriate orders consolidating the Suits. The Plaintiffs in Reg.Civil Suit No. 320 of 2001 are at liberty to apply in that behalf. :3: :3: :3: sd/- *********