* 1 * FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1422 OF 2009 IN SECOND APPEAL NO. 794 OF 2003 [Baban Narayan Mhatre V/S. Laxman Sudam Mhatre & Ors.] _____________________________________________________________________________________ Office Notes, Office Memoranda of : Coram, appearances, Court s orders : ’ or directions and Registrar s’ : Court s or Judge s orders ’ ’ orders : Mr.A.A.Kumbhakoni i/by.SK.Legal Associates, adv. For applicant. Mr.S.D.Thokade, adv.for respondent no.1(a) to 1(d). Mr.C.M.Lokesh i/by.Mr.G.S.Hegde & Associates, adv.for respondent no.2. Mr.T.S.Ingale, adv.for respondents no.4 and 5. CORAM : SMT. R.P. SONDURBALDOTA, J. DATED : 10TH NOVEMBER 2009. PC :- 1. Heard counsel for both sides. 2. This Civil Application is taken out for joining respondents no.4 and 5 as party respondents to the appeal in view of the events that took place during the pendency of the present appeal. There is no dispute that respondents no.1(a) to 1(d), sold the suit property to one * 2 * Mr. Saeed Masool who is respondent no.3 herein and who has in turn sold the property to respondents no.4 and 5. On the sale of the property, respondent no.3 has no more interest therein and as such is not a necessary party. The learned counsel for respondents no.1(a) to 1(d) and respondents no.4 and 5 have no objection for granting the Civil Application in terms of prayer clause (a). 3. However, the learned counsel for respondents no.4 and 5 is opposed to grant of prayer clause (c). His objection is mainly on two counts. Firstly, that respondents no.4 and 5 are not made parties to the appeal proceedings and secondly on merits of the case. He states that these respondents be given an opportunity to file their affidavit-in- reply to contest the relief on merits. 4. There is substance in the submission of Mr.Ingale, that until respondents no.4 and 5 are impleaded as parties to the suit, there * 3 * cannot be any continued order of interim relief against them. The Civil Application is allowed in terms of prayer clause (a). The applicant to carry out amendments within a period of 1 week from today i.e.on/or before 17th November, 2009 and serve amended copy of the appeal proceedings upon respondents no.1(a) to 1(d) and on respondents no.4 and 5 who will be arrayed as respondents no.3 and 4. Mr.Kumbhakoni seeks protection in respect of the suit property until such time as the applicant amends the Second Appeal and takes out Civil Application for interim reliefs against the arrayed respondents. Respondents no.4 and 5 are directed not to create any third party rights or interest in respect of the suit property and maintain status-quo in respect of the possession and the status of the property for a period of 3 weeks from today i.e. till 1st December, 2009. (Judge) * 4 *