1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 9454/2010 IN SECOND APPEAL NO. 53/2010 SAYYED MARDANI GAIBAN SHAH VALI PUBLIC TRUST THROUGH ITS TRUSTEES VERSUS GULAB CHANDSHAH SAUYYAD DIED THRUGH L.RS. _____________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _____________________________________________________ Mr. A.P. Bhandari, Advocate for applicant. Mr. Vinay Anjanwatikar h/f Mr. V.D. Hon, Advocate for respondent No.2. PER COURT : 1. Heard. 2 Since it is an admitted fact that the respondent No.2 has sold part of the suit property during the pendency of this appeal, the purchaser shall be necessary party. To that extent, the application is allowed. 3 The appellant shall move separate 2 application seeking injunction against newly added respondents. The application stands disposed of. 4 The respondent No. 2’s advocate insisted that the Court should examine maintainability of the appeal. The respondent No.2 shall make formal application along with affidavit to seek dismissal of the appeal on the ground of maintainability. 5 Notice Issued to the newly respondent is made returnable after eight weeks. 6 The appeal shall be heard on maintainability. 7 Stand over after eight weeks i.e. to 7th September, 2010.. Dt : 13th July, 2010 [A.V. NIRGUDE, J.] tsk/