1 AO-284-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 284 OF 2011 WITH CIVIL APPLICATION NO. 411 OF 2011 M/s. Fiza Construction Company ... Appellant (Orig. Plaintiff) Vs. Mr. Narayan Laxman Jadhav & Ors. ... Respondents (Respdts.Nos. 1 to 6 - orig.Defts.) Shri Uday P.Warunjikar, a/w. Mr. N.D.Pote, Advocate for the appellant. Shri N.V.Walawalkar, Senior Counsel i/b. Mr. Santosh Hapse, Advocate, for the respondents Ns. 1 to 4. CORAM: J.H.BHATIA,J. DATE : 13th July, 2011. P.C. 1. The learned Senior Counsel for the respondents makes a statement that he has already handed over the copies of the documents to the learned Counsel for the plaintiff/appellant showing that about the said property, one tripartite agreement had taken place on 21.1.2011 i.e. prior to filing of the suit and second tripartite agreement took place on 28.1.2011 i.e. after filing of the suit as well as after refusal of ad-interim injunction by the trial Court. As per the said agreements, third party rights have already been created in the suit property. In view of this, the plaintiff/appellant will be required to make appropriate amendment in the plaint and seek appropriate relief as he may be advised. 2 AO-284-11.sxw 2. In view of this, with consent, the appeal and the application stand disposed of with liberty to the plaintiff to make amendment in the plaint and implead the parties in whose favour the property has been transferred and also with liberty to move fresh application for interim relief. (J.H.BHATIA,J.)