JUDGMENT Suneet Kumar, J. The applicant-third party has approached this Court seeking a direction to quash the proceedings of Original Suit No. 306 of 2015 (Algu Vs. Tribhuwan and others), pending in the court of Civil Judge (Junior Division), Bansi, Siddharth Nagar. 2. Learned counsel for the applicant would urge that earlier a suit for permanent injunction was filed by the first respondent seeking injunction against the applicant which was subsequently withdrawn, thereafter, the present suit has been instituted against respondents 2 to 7. Learned counsel for the applicant sought to urge that by withdrawing earlier suit and filing subsequent suit arraying the respondent nos. 2 to 7 who are relative of the applicant is gross misuse of process of law and would be barred by the principles of resjudicata. 3. Learned counsel appearing for the plaintiff-respondents would submit that the plaintiff is not aggrieved against the applicant, therefore, the suit instituted against him was withdrawn, but would admit that the applicant is co-owner of the suit property. It is sought to be urged that the subsequent suit is against the third party would not be misuse of process as the respondent-plaintiff has no grievance against the applicant. 4. Having due regard to the facts and circumstances of the case, the petition under Article 227 of the Constitution of India is misconceived, the applicant cannot insist that he should be made party to the lis merely for the reason that the earlier suit filed for permanent injunction against the applicant was withdrawn. 5. The petition being devoid of merit is accordingly dismissed. No order as to costs.