1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 1131 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. WRIT PETITION NO.: 1131 OF 2011 *** 1. Prayer made by petitioner/ plaintiff to join mother of present Respondent/ defendant as party has been rejected by impugned order on 25th January, 2011. Advocate Mr. Jadhavar points out from written statement stand of Respondent that said lady is not impleaded as party. Advocate for Respondent/ defendant argues that, that lady is not necessary party because she had handed over possession to present Respondent. He further states that during the pendency of suit, petitioners had forcibly taken possession from present Respondent and an order of restoration of possession obtained by Respondent is now challenged before this Court. That challenge is pending and interim relief has been given to plaintiff/ petitioner by this Court. He further argues that, that lady (Smt. 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 1131 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. Budhhiraja Sing) has filed a substantive suit for specific performance against present Petitioner and that suit is pending before very same Court and is being tried together with Special Civil Suit No.68 of 2007 in which impugned order is passed. 2. In view of the fact that said lady has already filed a suit for specific performance against petitioner/ plaintiff and that suit is also being tried together with Special Civil Suit No.68 of 2007 and the specific contention of present respondent that, that lady is not necessary party in Special Civil Suit No.68 of 2007, I do not see any jurisdictional error or perversity in the impugned order. 3. With liberty to petitioner to challenge the impugned order dated 25th January, 2011 again after final adjudication in the matter, 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 1131 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. if occasion therefor arises, present writ petition is rejected. No costs. [B.P.DHARMADHIKARI, J.] Dated:23/02/2011. ans/1131