1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.570 OF 2009 WITH A.O.NO.530 OF 2009 M/s. Salasar Dwellers Pvt. Ltd. ..Appellant. Vs. Shree Sidhivinayak Co.op. Hsg. Society Ltd. and ors. ..Respondent. Shri.V.A.Thorat with D. Shukla and V.A. Sugdare for the appellant. Mr.S.A. Sawant and H.V. Kode for the respondent No.1. CORAM : R.S. MOHITE, J. DATE : 12TH AUGUST, 2009 PC : 1. This is an appeal filed by the appellant who is not a party to the original suit No.2208 of 2008 which is pending in the City Civil Court and in which impugned order dated 18.3.2009 has been passed. He has filed this appeal along with an application for leave to appeal. There is some delay in filing of the appeal and in this respect there is also a prayer for condonation of delay. In 2 my view, though the present appellant may be aggrieved by the order dated 18.3.2009, since he has filed a separate suit in the High Court bearing Suit No.890 of 2009, this appeal can be conveniently disposed off by observing that, in his suit, the appellant will be entitled to claim such reliefs that he may be entitled and prayer for grant of such relief can be considered on its own merits. In my view, the impugned order which has been passed by the city civil court cannot bind the present appellant as he was not a party to the said suit as also in view of the fact that it is passed by the city civil court. With liberty to the appellant to agitate such reliefs to which he may be entitled according to law in the suit filed by him in the High Court, present appeal is disposed off. All the contentions of the parties are kept open (R.S. MOHITE, J.)