bsb IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION APPEAL APPEAL APPEAL FROM ORDER NO. 349 OF 2008 FROM ORDER NO. 349 OF 2008 FROM ORDER NO. 349 OF 2008 IN IN IN SPL. SPL. SPL. CIVIL SUIT NO. 360 OF 2007 CIVIL SUIT NO. 360 OF 2007 CIVIL SUIT NO. 360 OF 2007 M/s.Constar Builders and Developers Pvt. Ltd. & ors. ... Applicants v/s 1. Abdulgani Mohammed Ibrahim Patel and ors. ... Respondents Mr.Girish Godbole and Ms.S.S.Kanetkar for the applicants. Mr.K.S.Dewal for the respondent No.1. Mr.R.V.Govilkar for the respondent No.9. Mr.Vineet Naik i/by Ms.Aparna Shinde for Resp.No.11. CORAM: CORAM: CORAM: SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. DATED: DATED: DATED: 21ST JULY, 2008 21ST JULY, 2008 21ST JULY, 2008 P.C. P.C. P.C.: 1. Respondent No.11 was not a party to the suit before the Trial Court. An application has already been filed by the plaintiffs to implead respondent No.11 as a party defendant to the suit. That application is pending. 2. Mr.Naik, learned counsel appearing for the respondent No.11 submits that respondent No.11 will 2 concede to being impleaded as a party defendant to the suit. 3. In the circumstances, respondent No.11 shall be impleaded by the Trial Court as a defendant in the suit. The Trial Court will dispose of the application filed by the plaintiffs for impleading respondent No.11 accordingly. 4. The appellants-plaintiffs are at liberty to make a fresh application before the Trial Court for interim reliefs, forthwith, against the newly added defendant as well. If such an application is filed, the Trial Court will pass orders on the application, uninfluenced by the earlier orders passed by it or by this Court. 5. All the contentions raised by the parties are left open. 6. Parties to maintain status-quo as of today during the pendency of the hearing of the application for interim relief. 8. Parties shall appear before the Trial Court on 25.7.2008 at 10.30 a.m. 3 9. The appeal is accordingly disposed of. 10. In view of disposal of the appeal, civil application No.408 of 2008 also stands disposed of. Parties to act on the authenticated copy of this order.