1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6031 of 2008 Shri Anil N. Bafna & Ors. ..Petitioners. V/s. Shri Sadashiv G. Ranaware & Ors. ..Respondents. Mr.Abhishek Pungaliya i/b. A.M.Pungaliya for petitioners. Mr.R.S.Apte i/b. N.R.Bubna for Respondent No.1(a). CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : AUGUST 29, 2008. DATE : AUGUST 29, 2008. DATE : AUGUST 29, 2008. P.C. : P.C. : P.C. : 1. Heard Counsel for the parties. 2. The principal reason recorded by the Court below is that no consequential amendment was prayed by the Plaintiff to justify addition of new third party. That finding is unexceptionable. If that finding is to be upheld, the conclusion reached by the Court below is just and proper. 3. This Petition is disposed of with liberty to the Petitioner to take out fresh application before the trial Court giving all material details so as to justify the addition of third party as party 2 defendant to the suit. The trial Court shall consider that application on its own merits in accordance with the law. 4. In the event, the Petitioner fails to file such application within four weeks from today, the trial Court will be free to proceed with the trial on its own merits and ensure that the same is expeditiously decided preferably by end of March, 2009. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)