1 C.A. 10388/2009 in SA 709/2004 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 10388 OF 2009 IN SECOND APPEAL NO. 709 OF 2004 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's Orders Mr. A.S.Deshmukh, Advocate for the applicant. ............................... CORAM : S.V. GANGAPURWALA, J. DATE : 03/12/2010 PER COURT : 1. Instant application is filed by the original defendant no. 2 for transposing him as appellant. Initially, the Suit was filed by the present applicant and one Yamunabai. The Suit came to be decreed. The defendants preferred Appeal. The Appeal was allowed. Against the said Judgment in Appeal, plaintiff no. 1 has filed the instant Appeal. 2. The interest of plaintiff no. 1 and the present applicant is not adverse to each other and as the present applicant was also the plaintiff, there would be no impediment in allowing the present applicant to be transposed as appellant. 2 C.A. 10388/2009 in SA 709/2004 3. In that light of the matter, the present application is allowed in terms of prayer clause ‘ B ’ and disposed of. Necessary amendment be carried out. [ S.V. GANGAPURWALA ] JUDGE knp/CA 10388.2009 in SA 709.2004