1 C.A.No.2831/10 In FA 708/03. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO.2831 OF 2010 IN F.A. NO.708 OF 2003 _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ CORAM : S.V.GANGAPURWALA,J. Date : 07.12.2010. 1. This is an application seeking leave to be joined as parties to the appeal as Respondents/defendants. The present applicants are the wife and children of the present non- applicant No.2. The present Respondent No.1 had filed a suit for specific performance against the present Respondent No.2 which came to be decreed. Mr.Mundhe, learned counsel states that the present applicants have also filed a suit for partition and separate possession in respect of the very property involved in the present appeal. The said suit is decreed. Even present non-applicant 2 C.A.No.2831/10 In FA 708/03. No.1 has filed a separate suit seeking cancellation of the decree in favour of the present applicants. 2. The property involved in all the matters is the same. In light of the above, though the present applicants are not the necessary parties, still, to the extent to safeguard their interest, they are required to be given an opportunity to put forth their case. In light of the same, the application is allowed and the present applicants are arrayed as Respondents in the appeal. The Civil Application is disposed of. (S.V.GANGAPURWALA,J.) Dt.07.12.2010. asp/office/Ca2831.10 3 C.A.No.2831/10 In FA 708/03.