1 F.A. No.593-09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 593 OF 2009 with Civil Application no. 1827 of 2009 Shri Sunil D Kokane .. Appellant Vs Shri Ankush L Kokane .. Respondent Mr. A.P.Kulkarni, Advocate for the appellant. Mr S.S.Kulkarni, for respondent no.1. Mr A.M.Kulkarni, for respondent no.2. CORAM : D.B.BHOSALE,J. DATE : 23/09/2010. PC: 1. Heard learned counsel for the parties. 2. Admit. Heard forthwith by consent of the learned counsel for the parties. 3. This appeal is directed against the Judgment and order dated 25.11.2008 passed by the Civil Judge Sr.Dn. Baramati decreeing Special Civil Suit No.15 of 2006 filed by respondent no.1. The suit was filed for recovery of the amount and in the alternative for execution of sale deed in his favour by the appellant. 4. On 27.1.2010 after hearing both the sides this court had T 2 F.A. No.593-09 passed the following order: “Heard both sides. Perused the roznama. It is the case of the appellant that the matter has been decided though the defendant did not lead his evidence. It does appear that the defendant and his advocate were absent on some dates. Be that as it may, Advocate for the defendant states that it was necessary for the defendant to step into the witness box and lead his evidence. There is a money decree. On taking instructions from his client who is present in court he states that his client will deposit an amount of Rs. Two lacs and also pay costs of Rs.5000/- to the plaintiff within a period of 15 days. Amount of Rs. Two lacs and further amount of Rs.5000/- to be deposited in this court within a period of 15 days from today. List the matter on 15..2010. Advocate for the defendant states that on deposit of the amount matter may be remanded back and by depositing his client will show his bonafides. It is made clear that order of deposit is without prejudice to the rights and contentions of the appellant.” 5. In view of the aforesaid order dated 27.1.2010 the appellant approached his brother Anandrao Kokane requesting him to give him hand loan for making deposit of the amount as per the aforesaid order, which Anandrao Kokane readily agreed. The appellant and Anandrao Kokane accordingly entered into some understanding and in view thereof Anandrao Kokane filed the affidavit dated 4.9.2010. By this affidavit, he has agreed to be added as party defendant in the main suit and has further stated that the judgment and decree that will be passed in 3 F.A. No.593-09 Special Civil Suit No.15 of 2006 will be binding on him. Such affidavit was filed in view of the order passed by this court on 2.9.2010 by which the appellant was directed to add his brother - Anandrao Kokane as party respondent in the appeal. Anandrao Kokane is accordingly added as respondent no.2 in the appeal. His affidavit is taken on record and marked "X" for identification. In view of this affidavit and in view of the fact that the appellant has complied with the order dated 27.1.10, learned counsel for the parties have fairly stated that reasons need not be recorded for allowing this appeal and they have agreed for the following order. (a) The judgment and decree dated 25.11.2008, impugned in the present appeal, is set aside and Special Civil Suit No.15 of 2006 is restored to file. Respondent no.1- original plaintiff is allowed to add Anandrao Kokane as defendant no.2 in the suit within a period of four weeks from the date of receipt of this order. Mr A.M.Kulkarni, learned counsel appearing on behalf of Anandrao Kokane, submits that Anandrao Kokane will appear in the suit on his own within a period of five weeks from today. His statement is accepted. It is open to the added defendant to contest the suit. The trial Court shall allow the parties to lead evidence/additional evidence in the suit and the trial court shall decide the suit afresh in accordance with law and as 4 F.A. No.593-09 expeditiously as possible and preferably within a period of eight months from the date of receipt of this order. Parties have agreed that they shall not seek adjournments on frivolous grounds. Interim order that was passed and operating against the appellant by the trial court pending the hearing and final disposal of the suit, shall remain operative till disposal of the suit. The interim order shall also operate against the added defendants. Mr A.M.Kulkarni submits that Anandrao Kokane shall not raise the plea of bonafide purchaser before the trial court. His statement is accepted. All other contentions of the parties are kept open. Parties have agreed that they shall not create any third party rights further without permission of the court. The appeal is accordingly allowed. No costs. Office to send writ forthwith. Consequently, the Civil Application also stands disposed of. (D. B. Bhosale, J.) 5 F.A. No.593-09