1 srk app-L-123-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL (LODGING) NO.123 OF 2011 IN CHAMBER SUMMONS NO.1604 OF 2010 IN SUIT NO.1650 OF 2004 Jolly Steel Industries Pvt.Ltd. ... Appellant Versus Shyamsunder Pundalik Dhumatkar, HUF and others. ... Respondents Mr. J.P. Sen i/by Mr. Gabriel Pallai for the appellant. Mr. Gautam Ankhad i/by Mr. Ashish Sharma for the respondents. CORAM : MOHIT S. SHAH, C.J. & S.J. VAZIFDAR, J. Monday, March 07, 2011 P .C. This appeal is directed against the order dated 8th February, 2011 of the learned trial Judge of this Court allowing the application for impleading the applicants in Chamber Summons No.1064 of 2010 in Suit No.1650 of 2004. 2. In view of the decision of the Apex Court in Shah Babulal Khimji v. Jayaben D. Kania and another, AIR 1981 SC 1786 and the decision of the Division Bench of this Court in Madhukar Venkatesh Ullal v. Anita Hermy D'Souza and others, 2006(2) Mh.L.J., 483, this appeal is not maintainable as the learned trial Judge has not decided any controversy. The order passed under the provision of Order 1 Rule 10 of CPC directing addition of a party 2 srk app-L-123-11.sxw does not possess a characteristic and trapping of finality in asmuch as it decides nothing and is only initiatory. The appeal is, therefore, dismissed as not maintainable. CHIEF JUSTICE S.J. VAZIFDAR, J.