(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. LETTERS PATENT APPEAL NO. 200 OF 2009 1. Surekha w/o. Nivrutti Lolge, Age : 40 years, Occupation : Agriculture, R/o. Sutarpur Galli, Paithan, Taluka : Paithan, District : Aurangabad. 2. Balram s/o. Nivrutti Lolge, Age : 22 years, Occupation : Agriculture and business, R/o. Sutarpur Galli, Paithan, Taluka : Paithan, District : Aurangabad. .. Appellants. versus 1. Sumanbai w/o. Laxmanrao Madke, Age : 48 years, Occupation : Household, R/o. Sutarpur Galli, Paithan, Taluka : Paithan, District : Aurangabad. 2. Nivrutti w/o. Baburao Lolge, Age : 45 years, Occupation : Business and agriculture, R/o. Sutarpur Galli, Paithan, Taluka : Paithan, District : Aurangabad. .. Respondents. (2) ....................... Mr. S.M. Kulkarni, Advocate, for the appellants. Mr. S.S. Panale, Advocate, for respondent no.1. ......................... CORAM : B.R. GAVAI & N.D. DESHPANDE, JJ. DATE : 12TH OCTOBER 2009. COURT'S ORDER : 1. By way of present appeal, the appellants have challenged the order dated 5th September 2006, passed by the learned Single Judge of this court, in Writ Petition No. 262/2005, thereby dismissing the petition filed by the petitioners. 2. No case is made out for interference with the order passed by the learned Single Judge, confirming the order passed by the trial court, thereby allowing the application filed by the respondent no.1. Under Order I Rule 10 of the Code of Civil Procedure, 1908, the trial court is enjoined with the discretion to join a party, either on an application by a party or suo motu, if it is found that presence of a particular party is necessary for complete and effective adjudication of the dispute pending before it. Unless such a discretion is found to be exercised in a perverse manner, it is not permissible for the writ court to exercise appellate jurisdiction over the said discretion. (3) 3. In that view of the matter, the learned Single Judge has rightly dismissed the petition. No merit is found in the appeal. 4. Hence, the appeal is dismissed. ( N.D. DESHPANDE ) ( B.R. GAVAI ) JUDGE JUDGE ......................... bgp/lpa200