1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4589 OF 2009 IN FIRST APPEAL NO.50 OF 2008. Shri Vinayak Bhiva Patil & Ors. ..Applicants. v/s. M/s. Sai Properties & Ors. ..Respondents. .... Mr. Akhilesh Dubey, a/w. Mr. G.S. Godbole, i/b. M. Tripathi & Co., for Applicants. Mr. C.G. Gaanekar, for Respondent Nos. 5 to 10. Mr. G.S. Hegade, for Respondent Nos.11 & 12. .... CORAM : S.A. BOBDE & S.J.KATHAWALLA, JJ. DATE : 7TH DECEMBER 2009. P.C. We have heard the matter. The applicants have tendered Minutes of Order which are signed by the Advocate for the applicants. We consider it appropriate to pass the following order. 2. Rule. Rule made returnable forthwith. Civil application is taken up on Board for hearing. Respective Advocates for the Respondents waive service on rule. Civil application is taken up on Board for hearing forthwith. 2 3. The applicants are members of the families of original appellants in First Appeal No.50 of 2008 and do not claim any interest adverse to the appellants. The applicants desire to be added as party appellants since they desire to amicably settle appeal by filing consent terms between original appellants and applicants on one hand and respondent nos. 1 to 4 on the other hand. 4. Since respondent nos. 5 to 12 would not be party to the consent terms proposed to be filed between the appellants and applicants on one hand and respondent nos. 1 to 4 on the other hand, it is directed that the addition of the applicants as appellants in first appeal would not prejudice any rights and contentions of respondent nos. 5 to 12, nor would it confer any additional rights on the appellants in First Appeal No.50 of 2008 or on the applicants. 5. Without prejudice to the rights and contentions of the respondent nos. 5 to 12, and without in any manner affecting their right, the civil application is made absolute in terms of prayer clause (a). Amendment in the cause title of the appeal to be carried out within two weeks from today. It is made clear that addition of the applicants or the filing of the proposed consent 3 terms would not prejudice the rights of respondent nos. 5 to 12. 6. Applicant nos. 8, 9, 12, 17, 20, 26, 31, 34, 39, 42, 45, 54 and 55 who are minors are permitted to prosecute the appeal through their respective fathers and natural guardians. 7. In so far as the part of prayer clause (b) seeking permission in favour of the said fathers and natural guardians of the minors is concerned, the same would be at the time of considering consent terms as and when the terms are tendered in the Court and request for the accepting the terms is made. 8. Rule is made absolute in the aforesaid terms with no order as to costs. 9. S.O. to 15th December 2009. [S.A. BOBDE, J.] [ S.J.KATHAWALLA, J. ]