: 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 APPEAL FROM ORDER NO.313 OF 2008 WITH CIVIL APPLICATION NO.371 OF 2008 IN APPEAL FROM ORDER NO. 313 OF 2008 Ghevarchand Devaji Mehta ..Appellant/ Orig.Plff. Vs. Ashok Bankatlal Bang ..Resondent/ Org.Deft. Mr.G.S.Godbole for the Appellant. Mr.U.B.Nighot for the Respondent. CORAM : S.J. VAZIFDAR, J. CORAM : S.J. VAZIFDAR, J. CORAM : S.J. VAZIFDAR, J. DATED : 28TH APRIL, 2008 DATED : 28TH APRIL, 2008 DATED : 28TH APRIL, 2008 P.C. : P.C. : P.C. : The Appellant/Plaintiff was aware from the trial Court itself that third party interests had allegedly been created by the Defendant. Despite the same, the third party was not impleaded. It would be improper to grant any reliefs even against the Defendants which would affect the rights of a third party. On this ground alone, the Appeal from Order is liable to be dismissed. 2. The learned counsel appearing on behalf of the Respondent states that he has no further interest left in the suit premises save and except in respect : 2 : of the premises numbered 3 and 9 on the sketch at page 108 in view of the creation of the rights in favour of the third party. 3. In the circumstances, the Appeal from Order is dismissed. 4. In view thereof, the Civil Application also does not survive and the same stands disposed of accordingly. 5. It is clarified that no observations are made as regards the alleged interest created in favour of the third party. If proceedings are adopted against the third party, they will be decided on their own merits without being influenced by the impugned order or by their order. 6. On behalf of the Defendant, it is stated that they will not dispose of the Plaintiff’s belongings referred to in the Commissioner’s report till 30th June, 2008. 7. The Appeal from Order is accordingly disposed of. Nothing therefore survives in the Civil Application which also stands disposed of.