1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7268 OF 2009 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. Shri G.M. Jain for the Petitioner. Shri A.P. Kulkarni for the Respondents. -- CORAM : A.S.OKA, J. DATE : 22nd January 2010. P.C.: . Heard learned counsel appearing for the Petitioner. The Petitioner was ordered to be impleaded as a party to the Appeal preferred by the first Respondent which is pending before the Appeal Bench of the Small Causes Court, Mumbai. The said order was subjected to a challenge in a Wrti Petition filed in this Court. The order of the Appeal Bench was of allowing the name of the Petitioner to be substituted in place of the second Respondent herein, who is the Respondent in the Appeal. This Court has stayed the said order till disposal of the Petition. 2 2. An application was made by the Petitioner in the Appeal seeking a direction against the original Plaintiff not to withdraw any amount deposited in the Appeal. By the impugned order, the said application has been rejected. 3. After having heard the learned counsel appearing for the Petitioner, I find that there is no error in the view taken by the Appeal Bench. The order by which the Petitioner was made a party Respondent to the Appeal has been stayed by this Court. Therefore, the Petitioner had no right to apply in the pending appeal for grant of any relief. Only on this count, no interference is called for in the imugned order. The Petition is rejected. 4. It is, however, made clear that no adjudication is made on the rights of the Petitioner and a remedy of the Petitioner by filing an appropriate proceeding for the same relief which was sought by the application before the Appeal Bench of the Small Causes Court is expressly kept open. (A.S.OKA,J)