1 ao159 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION APPEAL FROM ORDER NO.159 OF 2011 M/s.Blue Circle Infratech & Ors. ...Appellants vs. Barku Pandurang Patil & Ors. ...Respondents Mr.Vineet Naik i/b Mr.M.S.Dehlvi for the appellants Mr.Bhavik Manek i/b Wadia Ghandy & Co.for respondent no.3 Mr.Suraj Iyer i/b Ganesh & Co. for respondent no.1 and 2 CORAM : A.S.OKA,J. DATE : MARCH 23,2011 P.C.: . Not on board. Taken on board. 1 Heard learned counsel for the appellants and the learned counsel for respondent nos.1 and 2 as well as respondent no.3. The learned counsel for the appellants on instructions states that as the respondents have already created third party rights, the appellants may be permitted to withdraw this appeal with liberty to file an application for appropriate interim relief after impleading the transferee as a party defendant to the suit. He states that as the appellants will make appropriate application before the trial Court for impleading the transferee as a party defendant, the appellants are not pressing the civil application no.525 of 2011. 2 Hence, I pass the following order : i) Appeal from order is dismissed as withdrawn with liberty as prayed. ii)It will be open for the appellants to apply to the trial Court for impleading transferee as a party 2 ao159 defendant to the suit. It will be open for the appellants to file a fresh application for granting interim relief after impleading the transferee as a party. iii)If such application is made, the trial Court will decide the same on its own merits without being influenced by the tentative findings recorded in the impugned order. iv) It is clear that all contentions of the parties on merits of the fresh application are expressly kept open. v) Civil application nos.230 and 525 of 2011 do not survive and the same are disposed of. JUDGE