Jpn wp7726-11.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO. 7726 OF 2011 Baban Annu Khot and others ... Petitioners Versus Prakash Ghusoolal Bardiya and others ... Respondents Mr. Sandeep Koregave for the petitioner CORAM: R. M. SAVANT, J. DATED : 11th November, 2011 P.C. : 1. The above Petition takes exception to the order dated 23rd February, 2011 passed by the Civil Judge, Senior Division, Ichalkaranji by which order the application Exh. 51 filed by the petitioner herein for impleadment came to be rejected. 2. The petitioner wants himself to be impleaded in Special Civil Suit No. 53 of 2007 which is the suit between one Prakash Ghisulal Baradia and Nishant Bankatlal Mundada for specific performance. The petitioner claims right over the property in question which is allegedly contracted to be sold to the plaintiff in the said suit. The right of the Jpn wp7726-11.sxw 2 plaintiff is qua the vendor of the defendant in the said suit. The learned trial Court on the ground that if the application for impleadment is allowed, the scope of the suit for specific performance would be enlarged to one for title and possession, rejected the said application Exh.51. The trial Court has further observed that applicant (petitioner herein), being stranger to the contract between the plaintiff and the defendants cannot be added to convert a suit of one character into a suit of different character. 3. It is further required to be noted that the petitioner has filed a Suit bearing Special Civil Suit NO. 222 of 2007 challenging the sale deed in question. In that view of the matter, the impugned order cannot be faulted with. No case for interference is made out. Writ petition is accordingly dismissed. 4. It would be open for the petitioner to file an appropriate application for the said Suit (Spl.C.S. 222 of 2007) to be heard along with Special Civil Suit No. 53 of 2007. (R. M. SAVANT, J.)