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.1522 OF 2006 CIVIL APPLICATION NO.1522 OF 2006 CIVIL APPLICATION NO.1522 OF 2006 IN IN IN SECOND APPEAL (ST.) NO.21215 OF 2006 SECOND APPEAL (ST.) NO.21215 OF 2006 SECOND APPEAL (ST.) NO.21215 OF 2006 Chandrakant Tukaram Bharekar . and Anr. ...Applicants V/s. Pandurang Laxman Nanaware & Ors. ...Respondents Mr.A.Y. Sakhare, Sr. Advocate, i/b. Y.K.S. Legal, for the Applicants. Mr.M.V. Limaye, Advocate, for Respondent Nos.1 to 3. Mr.Y.M. Nakhawa, AGP, for Respondent Nos.4 to 7. CORAM: CORAM: CORAM: A.S. OKA, J. A.S. OKA, J. A.S. OKA, J. DATED: DATED: DATED: NOVEMBER 23, 2007 NOVEMBER 23, 2007 NOVEMBER 23, 2007 P. C.: P. C.: P. C.: 1. Heard the learned Senior Counsel appearing for the applicants, learned Advocate appearing for respondent Nos.1 to 3 and learned AGP appearing for respondent Nos.4 to 7. 2. This is an application made by the applicants (third parties) for grant of leave to prefer an Appeal against judgment and decree dated 16-6-2005 passed by the learned District Judge in the Appeal filed by the respondent Nos.1 to 3. A Suit was filed by respondent Nos.1 to 3 for declaration that permission granted by the 4th respondent for sale of suit property in favour of the applicants and 2 others is not binding on the 1st to 3rd respondents. The Trial Court dismissed the Suit. The Appellate Court has passed a decree in favour of respondent Nos.1 to 3. 3. It is obvious that in view of the declaration granted by the District Court as regards the sale permission granted by the 4th respondent, the applicants being the beneficiaries under the said order will be affected by the said decree. The submission of the learned Advocate for respondent Nos.1 to 3 is that the Writ Petition filed by the applicants has been withdrawn with a liberty to file a Suit and therefore the present application could not have been filed by the applicants. 4. Perusal of the order dated 3-5-2006 shows that the Writ Petition was permitted to be withdrawn with liberty to pursue appropriate remedy. 5. In view of the nature of the decree passed by the Appellate Court, a case is made out for grant of leave to prefer an Appeal. Accordingly the Civil Application is allowed in terms of prayer clause (a). 3 [ABHAY S. OKA. J.] [ABHAY S. OKA. J.] [ABHAY S. OKA. J.]