1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1929 OF 2004 CIVIL APPLICATION NO.1929 OF 2004 CIVIL APPLICATION NO.1929 OF 2004 IN IN IN FIRST APPEAL NO.1211 OF 2003 FIRST APPEAL NO.1211 OF 2003 FIRST APPEAL NO.1211 OF 2003 Mrs.Rohini Athlye and Ors. ...Petitioners Vs. Shri Ravindra Keshav Kumthekar and Ors. ...Respondents ----- Mr.S.B.Deshmukh for Petitioners None present for Respondents CORAM: H.L.GOKHALE & CORAM: H.L.GOKHALE & CORAM: H.L.GOKHALE & SMT.R.S.DALVI,JJ. SMT.R.S.DALVI,JJ. SMT.R.S.DALVI,JJ. DATED: 19TH AUGUST, 2005 DATED: 19TH AUGUST, 2005 DATED: 19TH AUGUST, 2005 P.C. P.C. P.C. 1. Heard Mr.Deshmukh in support of this Civil 1. Heard Mr.Deshmukh in support of this Civil 1. Heard Mr.Deshmukh in support of this Civil Application. Civil Application seeks to join Application. Civil Application seeks to join Application. Civil Application seeks to join Respondents 6 and 7 as additional Respondents in the Respondents 6 and 7 as additional Respondents in the Respondents 6 and 7 as additional Respondents in the First Appeal. The submission is that interest has First Appeal. The submission is that interest has First Appeal. The submission is that interest has been created infavour of Respondents 6 and 7 during been created infavour of Respondents 6 and 7 during been created infavour of Respondents 6 and 7 during the pendency of this Appeal. Respondent No.7 had the pendency of this Appeal. Respondent No.7 had the pendency of this Appeal. Respondent No.7 had waived notice which is recorded on 25th August, 2004. waived notice which is recorded on 25th August, 2004. waived notice which is recorded on 25th August, 2004. Respondent No.6 is served. Both of them are not Respondent No.6 is served. Both of them are not Respondent No.6 is served. Both of them are not present. However since the prayer is in the interest present. However since the prayer is in the interest present. However since the prayer is in the interest of complete disposal of the matter we allow this Civil of complete disposal of the matter we allow this Civil of complete disposal of the matter we allow this Civil Application to the extent of joining Respondents 6 and Application to the extent of joining Respondents 6 and Application to the extent of joining Respondents 6 and 7 as additional Respondents in this Appeal. Appellant 7 as additional Respondents in this Appeal. Appellant 7 as additional Respondents in this Appeal. Appellant will also have leave to amend the Appeal Memo and to will also have leave to amend the Appeal Memo and to will also have leave to amend the Appeal Memo and to place necessary averments with respect to Respondents place necessary averments with respect to Respondents place necessary averments with respect to Respondents 6 and 7 in the Memo of Appeal and also to place the 6 and 7 in the Memo of Appeal and also to place the 6 and 7 in the Memo of Appeal and also to place the mortgage deed and sale deed as Exhibits to the Appeal mortgage deed and sale deed as Exhibits to the Appeal mortgage deed and sale deed as Exhibits to the Appeal 2 Memo. Memo. Memo. 2. As far as the prayer that they be joined as 2. As far as the prayer that they be joined as 2. As far as the prayer that they be joined as Defendants in the suit is concerned the same will be Defendants in the suit is concerned the same will be Defendants in the suit is concerned the same will be considered when the appeal is heard and disposed of. considered when the appeal is heard and disposed of. considered when the appeal is heard and disposed of. Civil Application stands disposed of. Necessary Civil Application stands disposed of. Necessary Civil Application stands disposed of. Necessary amendment will be carried out within two weeks. amendment will be carried out within two weeks. amendment will be carried out within two weeks. 3. Notice for final hearing be served on 3. Notice for final hearing be served on 3. Notice for final hearing be served on Respondents 6 and 7. Respondents 6 and 7. Respondents 6 and 7. (H.L.GOKHALE,J.) (H.L.GOKHALE,J.) (H.L.GOKHALE,J.) (SMT.R.S.DALVI,J.) (SMT.R.S.DALVI,J.) (SMT.R.S.DALVI,J.)