FARAD CONTINUATION SHEET NO.: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE WRIT PETITION NO.7719 OF 2006 ------------------------------------:---------------------------------- Office Notes, Office Memoranda of : Court’s or Judge’s orders. coram, appearances, Court’s orders : or directions and Registrar’s : orders. : ------------------------------------:----------------------------------- Mr.M.B.Borkar, for the petitioner. Mr S.A.Sawant for respondent no.3. Mr T.S.Ingale, for respondent no.1. Mr C.G.Patil i/b Mr S.S.Patwardhan for respondent no.4. CORAM: D.B.Bhosale,J. DATED: 22.02.2008 P.C.: Heard learned counsel for the parties. This writ petition is directed against an order dated 17.8.2006 passed by the Ist Ad-hoc Additional District Judge, Kolhapur in Misc. Civil Appeal No.100 of 2006, by which the appeal has been allowed and the order passed by the trial Court on the application at Exhibit-5 in Regular Civil Suit No.99 of 2005 dated 7.4.2006 has been set aside. It appears that respondent no.1 who challenged the order of the trial Court dated 7.4.2006 was not a party to the suit. However, in view of the peculiar facts and circumstances of the case, the appellate court entertained the appeal and set aside the order passed by the trial Court and granted liberty to respondent no.1 to file an application for adding him as party to the suit. In view of the peculiar facts and circumstances of the case, learned counsel for the parties have agreed for the following order and hence I am not examining the merits of the case: (a) The impugned judgment dated 17.8.2006 passed in the Misc.Civil Appeal by the appellate court and the order dated 7.4.2006 passed on the application at Exhibit-5 by the trial Court are quashed and set aside. (b) Learned counsel for the petitioner has agreed to add respondent no.1 as party to the proceedings within two weeks from today. His statement is accepted. After adding respondent no.1 as party to the proceedings, it is open for the petitioner to file a fresh application, if so advised, seeking injunction, as sought in the application at Exhibit-5, and if such an application is filed the trial Court shall deal with the same on merits in accordance with law and uninfluenced by the observations made in the impugned orders. It is made clear that hearing of the suit need not be stayed even if a fresh application for injunction is filed by the petitioner. (c) With these observations, the writ petition is disposed of. (D.B.Bhosale, J.)