VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT Petition No. 2865 OF 2007 Sanjay Madhukar Ugale Petitioner Vs. Shantaram C. Vidhate & Anr. Respondents Mr. R. M. Hardas i/b Mr. P. N. Joshi, for the Petitioner. Mrs. Smita Gaidhani for the Respondents. CORAM : A. A. SAYED, J. DATE : JUNE 23, 2008. PC :- . Both the courts below have held against the petitioner and the reliefs sought refused. 2. The learned counsel for the respondent No.1 states that third party rights have already been created and the plaint has been amended by the petitioners and third party has been impleaded as party defendant to the suit, therefore, nothing survives in the petition. The learned counsel for the petitioner does not dispute this position. 3. In view of the above, the petition is dismissed. - 2 - 4. It is however, clarified that the trial court shall not be influenced by the observations in the impugned order, while deciding the suit. Sd/- [ A. A. SAYED, J.]