1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL APPLICATION NO.3372 OF 2009 IN FIRST APPEAL NO.1983 OF 2008 WITH CIVIL APPLICATION NO.3373 OF 2009 IN FIRST APPEAL NO.1983 OF 2008 Pravin Tulshidas Somaiyya .... Applicant Vs. Smt. Yamunabai w/o Sadashiv Mate & Ors. .... Respondents Shri P.N. Joshi for the Applicant. Shri Surel S. Shah for Respondent No.4. Shri R.D. Soni i/b M/s. Ram & Co. for Respondent No.5. CORAM: R.S. MOHITE, J. DATED: FEBRUARY 23, 2010 P.C: 1. The application being Civil Application No.3372 of 2009 is for adding respondent No.5 as a party respondent to the above First Appeal. It is seen that respondent No.5 was not a party to the suit. The suit was for a declaration against the present respondent Nos.1 to 4. In so far as respondent No.5 is concerned, it is an admitted position 2 that pending the said Appeal, a separate Agreement dated 13-1-2009 has been executed by all the parties. It is now alleged by the applicant that there is a breach of that Agreement and in such circumstances, the present application is filed. In my view, the application is misconceived. The remedy of the applicant is to file a separate suit because the alleged breach of the said Agreement constitutes a separate cause of action. The civil application, therefore, deserves to be dismissed. 2. In view of the aforesaid observations, Civil Application No.3373 of 2009 does not survive. 3. Both the civil applications are, therefore, dismissed. R.S. MOHITE, J.