: 1 : kbp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1353 OF 2008 IN SECOND APPEAL NO.32 OF 2005 Smt.Sushila Uddhav Jadhav and ors. .. Applicants V/s. Sudhakar Nivruti Jadhav and ors. .. Respondents ..... Mr.S.C.Daswadikar i/b.Mr.Uday Warunjikar, for applicants. Mr.P.K.Dhakephalkar, for respondent nos.9 and 10. ..... CORAM : R.Y. GANOO, J. DATE : 9TH JULY, 2009. P.C. : 1] Heard Mr.S.C.Daswadikar i/b.Mr.Uday Warunjikar, for applicants and Mr.P.K.Dhakephalkar, for respondent nos.9 and 10. 2] Proposed respondent is served. By this Application applicants seek to implead the I.D.B.I. Bank as party respondent. According to the learned Advocate for applicants one of the respondents have : 2 : availed loan facility from I.D.B.I. Bank and as such joining of said I.D.B.I. Bank is necessary. 3] Ms.Ratnakar, Advocate for respondent, opposes this application. 4] As this is the matter of partition of property I.D.B.I. Bank need not be joined as party respondent. Prayer clause A of this application is drafted in such a way so as to include two prayers. First part of the prayer pertains to implead the I.D.B.I. Bank as party respondent. Second part of the prayer pertains to seeking the order of injunction restraining respondent from creating third party interest in the property. Hence, the order: O R D E R (i) Civil Application is dismissed. (ii)In so far as second part of prayer clause A is concerned, the applicants are at liberty to take out a fresh civil application. (R.Y. Ganoo, J.) : 3 : kbp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.37 OF 2005 IN SECOND APPEAL NO.32 OF 2005 Smt.Sushila Uddhav Jadhav and ors. .. Applicants V/s. Sudhakar Nivruti Jadhav and ors. .. Respondents ..... Mr.S.C.Daswadikar i/b.Mr.Uday Warunjikar, for applicants. Mr.P.K.Dhakephalkar, for respondent nos.9 and 10. ..... CORAM : R.Y. GANOO, J. DATE : 9TH JULY, 2009. P.C. : 1] Heard Mr.S.C.Daswadikar i/b.Mr.Uday Warunjikar, for applicants and Mr.P.K.Dhakephalkar, for respondent nos.9 and 10. Other respondents are served. 2] By this Civil Application applicants want to stay the effect of judgment impugned in this second appeal. Since the second appeal is required to be : 4 : heard finally and since the matter pertains to the partition, the decree regarding partition will have to be stayed. Hence order: O R D E R Civil Application is made absolute in terms of prayer clause A with no order as to costs. (R.Y. Ganoo, J.)