-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 999 OF 2010 IN APPEAL (L) NO. 139 OF 2010 IN CHAMBER SUMMONS NO. 1420 OF 2006 IN SUIT NO. 902 OF 1996 Sheth Builders Pvt. Ltd. ..Appellant. Versus M/s. Crompton Greaves Pvt. Ltd & Ors. ..Respondents. Mrs. Arti Khanolkar for the appellant. Coram : F.. I. REBELLO & R. V. MORE, JJ. Date : June 15, 2010. P. C. : 1. There is delay of 171 days in preferring the appeal. Respondents are not served. 2. Even otherwise the appellants herein had applied to be added as party in a suit between the respondents. The suit by the original plaintiff against the original defendant is for declaration that they are the owners / lessees of the property. The claim of the appellant is that they have development rights from defendant no.1. The applicant therefore is neither necessary or property party in the said suit. The applicant has already filed a suit against defendant no.1. In these circumstances, in our opinion, as there is no merit in the appeal, the question of considering the delay would not arise. Hence both appeal and notice of motion are dismissed. (R.V. MORE, J.) (F. I. REBELLO, J.) srp