1 364.11-ao IN THE HIGH COURT OF JUDICATURE AT BOMBAY. APPELLATE JURISDICTION. APPEAL FROM ORDER NO. 364 OF 2011 M/s.Bhagyalaxmi Builders and Developers. ... Appellant. V/s. Shri Vijay Krishna Mhatre and others. ... Respondents. N.V.Walawalkar, Senior Advocate with S.M.Kamble for the appellant. A.Y.Sakhare, Senior Advocate with Jeetendra Sachdev for the respondents. CORAM: R.M.BORDE, J. DATED : 14th December 2011. P.C. : It is observed that the defendants have entered into an agreement with one Swaraj Builders who is not party to the suit. The counsel appearing for the appellant/ original plaintiff makes a request that the appellant/ original plaintiff may be permitted to apply to the trial Court so as to implead M/s.Swaraj Builders as party to the litigation and thereafter the plaintiff may be permitted to tender fresh application seeking interim relief. Since the defendants have entered into agreement with M/s.Swaraj Builders, in absence of third party i.e. M/s.Swaraj Builders, no effective orders can be passed in the matter and the plaintiff shall have to request the Court to grant appropriate relief against the defendants and M/s.Swaraj Builders. In these 2 364.11-ao circumstances, the appellant/ plaintiff is permitted to tender an application to the trial Court to implead Swaraj Builders as party defendant and is also permitted to make application for interim relief against the added party along with defendants. It is made clear that the observation made in the order passed by the trial Court while disposing of instant application shall not be an impediment in considering the fresh application on its own merits. 2. With the aforesaid directions, appeal from order stands disposed of. In view of disposal of appeal from order, pending civil application does not survive and stands disposed of accordingly. (R.M.BORDE, J.)