spb/- 1 wp1063-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION WRIT PETITION NO. 1063 OF 2011 Shri Jaynarayan D. Gandhi ... Petitioner. V/s. Mrs. Sushiladevi P. Goyal & Ors. ... Respondents. ----- Mr. P.B. Shah for the Petitioner. ----- CORAM : D. G. KARNIK, J. DATE : 04th AUGUST, 2011. P.C. : 1 In a suit filed under section 6 of the Specific Relief Act by the respondents nos. 1 and 2 against the respondent no.3 for recovery of possession of the suit property, the petitioner appeared as a third party and made an application for joining him as a party to the suit. By the order dated 14th December, 2010 that application was rejected. That order is impugned in this petition. 2 Learned counsel for the petitioner submits that the petitioner is the owner of the suit property and therefore, has interest in the property. He further states that he has filed a separate suit against respondent no.3 for spb/- 2 wp1063-11.sxw possession and therefore, his rights are likely to be affected by the suit filed by the respondent nos.1 and 2. Respondent nos. 1 to 2, therefore, be directed that he be joined as party defendant to the suit. 3 A suit under section 6 of the Specific Relief Act is a kind of suit which is required to be decided on the basis of the prior dispossession within six months irrespective of the title. The question of title is not relevant in a suit under section 6 of the Specific Relief Act. Consequently, the question of title would not be gone into in the suit of the respondent nos.1 and 2. The petitioner cannot and has no right to be joined as a party to such a suit. The decision of the trial court rejecting the application of the petitioner for being joined him as party cannot be interfered with in exercise of extra ordinary jurisdiction under Article 227 of the Constitution of India. 4 The writ petition is rejected summarily. [D.G. KARNIK, J.] .....