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2013 Supreme(Bom) 443

S.V.GANGAPURWALA
Ramesh S/o Shama Kumbhar – Appellant
Versus
Sudhakar S/o Budha Kumbhar – Respondent


Advocates:
Advocate Appeared:
For the Petitioners:L.V. Sangeet, Advocate.
For the Respondents:Girish Nagori, Advocate.

Judgment :

1. Mr. Sangeet, the learned counsel for the petitioners submits that for the purpose of the present Writ Petitions, respondent Nos. 1 to 27 in W.P. No. 270 of 2013 and Respondent Nos. 1 to 23 in W.P. No. 422 of 2013 are not necessary parties.

2. Mr. Nagori, the learned counsel appears for contesting respondent No. 28 in W.P. No. 270 of 2013 and respondent No. 24 in W.P. No. 422 of 2013.

3. Rule. Rule made returnable forthwith. With the consent of the learned counsel for the respective parties, taken up for final hearing.

4. The present petitioners are the original plaintiffs, who had filed Suit for simplicitor injunction. The present respondent Nos. 28 and 24 respectively have filed application purportedly under Order I Rule 10 (2) of the Code of Civil Procedure for impleading them as parties. The said application is allowed. Aggrieved thereby the present Writ Petitions are filed.

5. Mr. Sangeet, the learned counsel for the petitioners submits that the plaintiffs are the "dominus litis" of their case. The Court on the ground that the Suit is for declaration and injunction has added the present respondent Nos. 28 and 24 respectively as parties to the Suit, whereas the







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