1 caf2999-11 rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURSIDICTION CIVIL APPLICATION NO. 2999 OF 2011 IN FIRST APPEAL NO. 567 OF 1998 Raj Tilak Cooperative Housing Society Limited & Ors. .. Appellants V/s. M/s. Ferani Hotels Pvt. Ltd. .. Respondent Andm Hussainali A. Charaniya & Ors. .. Applicants ..... Mr. Mayur Khandeparkar a/w. Mr. H. S. Khokhawala i/b. M/s. Nankani & Associates for the appellants. Mr. Nimay Dave i/b. Mr. K. D. Abichandani for the respondents. ..... CORAM : A.S.OKA, J. DATE : JULY 28, 2011. P.C.: Heard the learned counsel appearing for the applicants and the learned counsel appearing for respondents in the Appeal. 2. Appeal has been preferred by the original plaintiffs. The Raj Tilak Co. Operative Housing Society Limited and 26 others who were claiming to be the members of the first appellant. The said 26 others are the purchasers of the flats in the building in question. The suit was partly decreed. The Appeal filed by the plaintiffs has been admitted for final hearing. 2 caf2999-11 3. By the present application made by the applicants it is pointed out that some of the appellants have sold their respective flats to applicants. The details of the transfers have been set out in paragraph No.3 of the application. The prayer in the application is for deleting the names of those appellants, who have sold their respective flats and for substituting them by the purchasers who have purchased the respective flats. 4. The opposition of the learned counsel appearing for the respondents in the Appeal is on the ground that inspection of documents of transfer has not been given to the respondents. His second submission is that in case of some of the appellants, the transfer has been effected in the year 2000. 5. Perusal of the averments made in paragraph No.3 of the application shows that some of the appellants have transferred their respective flats. The transfers have taken place from October 2000 to November 2009. The Appeal was filed in the year 1998. The transfers have taken place during the pendency of the Appeal. 6. Hence, there is no impediment in allowing the application. All objections of the respondents will remain open which can be agitated at the time of final hearing of the Appeal. Accordingly, 3 caf2999-11 application is allowed in terms of prayer clauses (a) and (b). 7. Amendment to be carried out within four weeks from today. (A.S.OKA, J.)