Narayan Digambar Muthekar And ORS v. Dilip Shankar Mhetre And ORS

7-wp10565-2023.doc AGK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10565 OF 2023 Narayan Digambar Muthekar & Ors.

... Petitioners V/s.

Dilip Shankar Mhetre & Ors.

... Respondents Digitally signed by ATUL GANESH KULKARNI Date:

2023.08.30 17:54:27 +0530 ATUL GANESH KULKARNI Mr. S.C. Mangle i/by Mr. Hamid D. Mulla for the petitioners.

CORAM :AMIT BORKAR, J.

DATED :AUGUST 30, 2023 P.C.:

1.

By this writ petition under Article 227 of the Constitution of India, defendant No.1 is challenging order allowing plaintiff to delete defendant No.2. The plaintiff is the dominus litus. It is his choice against whom he wants to proceed. The defendant has no right to challenge such order.

2.

There is no merit in the writ petition. The writ petition, therefore, stands dismissed. No costs.

(AMIT BORKAR, J.)