1 IN THE COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1320 OF 2004 IN SECOND APPEAL NO.823 OF 2001 Mrs.Irene N.Heredia & Ors. .. Applicants V/s. John Thomas Pereira .. Respondent Mr.P.S.Dani for the Appellants/Applicants. Mrs.Snehal Shah with Mr.Mahesh Sowani i/b. Mr.Vigil Juris for the Respondent. CORAM : R.M.SAVANT, J. DATED : AUGUST 11TH, 2008. P.C. By the above Civil Application, the Applicants pray for joining Applicant No.3 as Appellant No.3 in the above Appeal. The said relief is sought on the basis that the Applicant has purchased the property in question by a Registered Sale Deed whilst the above Second 2 Appeal is pending admission in this Court. Looking to the nature of the decree passed against the original Appellants, it is the case of the Applicant that right to prosecute the Appeal therefore accrues to the Applicant No.3. 2. It is contended on behalf of the Respondents that the Appeal was filed in the year 2001 and this Application has been filed after about three years after the filing of the above Appeal. It is further contended on the basis of the recital in the Sale Deed by which the Appellants have purchased the property that the recitals are contrary to the decree passed in the suit filed by the Respondents and the Appeal filed by the predecessor of the Appellants which was dismissed. 3. In my view, considering that the Appeal was filed by the predecessors of the Applicant 3 challenging the decree passed against them and in view of the fact that the property in question has been purchased by the Applicant No.3 from the original Appellants. The Applicant No.3 would be entitled to prosecute the present Appeal. Resultantly, the Civil Application would have to be allowed in terms of prayer clause “a”. 4. The learned Advocate for the Applicant to carry out amendment in the cause title of the Appeal within two weeks from the date and serve a copy of the amended Appeal Memo on the Advocate for the Respondents. 5. Post the Appeal for admission on 1st September, 2008. [R.M.SAVANT, J.] 4