1 CA15221/10 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Civil Application No. 15221 of 2010 (Mangalbai Jadhav & Anr. v. Ashruba Nagargoje-died-LRs & Ors.) in Second Appeal No. 175 of 2009 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mrs. M.A. Kulkarni, Advocate for the applicants Mr. Vivek Bhavthankar, Adv for respondent Nos. 1/1. 1/2 & 2 PER COURT : 1. Heard. 2. The appellants are trying to add a new party to this appeal. This Second Appeal arose from Regular Civil Suit No. 40 of 1990. The appellants had filed this suit for removal of encroachment on her plot of land. Ashruba, the present respondent was the defendant and he took up a specific stand that the appellants were not owner of the property and that he was licencee of the original owner Puranmal. The suit was dismissed and the first appeal was also dismissed. During the pendency of the first appeal, Puranmal sold the suit plot of land to proposed respondent No. 2. But, this was not brought to the 2 CA15221/10 notice of the Court till recently. This application is filed in 2010 for adding the purchaser of the suit plot as party – respondent. The application cannot succeed because the proposed respondent No. 2 is not connected at all to the cause of action of the suit as well as he is not claiming through the respondent / defendant. He claims through the so- called original owner Puranmal, who is not party to the suit. Therefore, the application stands rejected. 17th October, 2011 ( A.V.NIRGUDE, J. ) SRM/