1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5823 OF 2007 Ramzan Allauddin Khatri .. Petitioner Versus Ileyas Ibrahim Shaikh & Ors. .. Respondents Mr.S.K.Chourasia i/b. A.M.Saraogi for petitioner Mr.R.A.Thorat with R.D.Thorat for respondent Nos. 1 to 9. CORAM : S.C.DHARMADHIKARI, J. DATE : 22nd January 2008 P.C. . Since the petitioner has already filed his own suit and the same is admittedly pending, no prejudice will be caused by refusal of the trial court to implead the petitioner as party defendant to the suit. Considering the averments in the chamber summons and the reply thereto filed by the original plaintiff, in the peculiar facts of this case the City Civil Court’s 2 approach that allowing impleadment of the petitioner as defendant to the suit would unnecessarily widen the scope of litigation cannot be said to be vitiated by any error apparent or perversity so as to call for interference in my writ jurisdiction. 2. This is a case where the petitioner is seeking to assert his right in the property which right is based upon several disputed issues as would be clear from the affidavit filed in reply. However, the petitioner having already filed his suit, nothing prevents him from either amending it or filing another substantive suit with regard to the present structure. In such suit the petitioner can implead present plaintiff and even Municipal Corporation and seek necessary reliefs. All pleas in that behalf are kept open. Petition dismissed. No costs. 3 (S.C.Dharmadhikari, J)