1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.690 OF 2009 IN NOTICE OF MOTION NO.4284 OF 2005 IN S.C.SUIT NO.509 OF 2000 Smt.Shobha K.Surve & Ors. ..Appellants V/s Hiralal S.Gupta & Ors. ..Respondents ---- Mr. V. G. Mehta for the appellants. Mr. M. P. Vashi for the respondent no.1. ---- Coram : R.S.MOHITE,J Date : 1st September, 2009. PC 1 This is an appeal filed by the appellants who are not parties to the original suit. The original suit was filed by the plaintiff for declaration of certain rights arising out of an agreement dated 15.7.1993 by which defendant no.1 builder agreed to sell to him three flats bearing flat nos.602, 701 & 702. After the suit was filed by the plaintiff, according to the present appellants they purchased two flats bearing flat nos.701 and 702 from the builder by agreements dated 13.2.2001 and 8.3.2001. After making this purchase the present appellants have taken out Chamber summons in the suit for being added as party defendants. That Chamber summons came to be dismissed and Civil Revision Application came to be filed in this Court. The said Civil Revision Application was dismissed by an 2 order dated 12.6.2002 and this Court concluded that the present appellants are not necessary parties. Later on, the trial Court passed the impugned order on 1.7.2009 by which the Court Receiver who has been appointed in the suit has been directed to take forcible possession with the help of the police if required of flat nos.701 & 702 which the appellants claimed to be occupied. It is the case of the appellants that they have filed the appeal because of the drastic consequences of the impugned order due to which they will lose possession if the order is implemented. 2 In my view, the appeal is mis-conceived and is untenable because this Court has already held that the present appellants are not necessary parties to the suit. The appellants who claim to have title and the right to possession of the aforesaid flats, can file separate proceeding to establish and vindicate their rights. In the circumstances, appeal is dismissed. However, the ad-interim relief granted by this Court on 15.7.2009 will continue for a period of four weeks from today. It is made clear that if any other proceeding is filed by the present appellants, the same will be decided without being influenced by any observations made in the impugned or the present order. Advocate for the appellants states that in case he moves for ad-interim relief by any separate proceeding which he may file, he will give 48 hours prior notice to the defendants in those proceedings. (R.S.MOHITE,J) 3