1. Heard learned counsel Mr. R.N. Dhorde, i/b. Mr. R.L. Kute Advocate who appears for the petitioner, Mr. L.D. Vakil learned counsel for respondent No.6-a, Mr V.D. Hon learned counsel for respondent No.6-b2 and Mr. S.V. Gangapurwala, learned counsel for respondent No.6-c. Other respondents, to whom notice was issued earlier, are served, absent. This Court by the earlier order dated 9/4/2007 at the request of learned counsel for the petitioner, issued notices only to respondent No.6-a to 6-d since application for amendment was moved for respondent no.6/defendant No.6. Suit is also part heard, therefore notices at the request of learned counsel for the petitioner, were not directed against other respondents.

2. Rule. Rule made returnable forthwith and heard finally by consent of the parties.

3. The petitioner is plaintiff No.1 in Special Civil Suit No.207 of 2002. On instructions from the petitioner, Mr. Dhorde, learned counsel submits, that original plaintiff No.2 Harvinder Kaur has filed

purshis seeking withdrawal of the suit in the trial court. Said purshis as on today, is pending in the suit. Respondents in this Writ Petition are defendants in Special Civil Suit No.207 of 200