1 CAA No.1638/08 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1638 of 2008 IN APPEAL FROM ORDER NO.316 of 2006 Shri Lalji Lachmandas ... Applicants versus Shri Chandrakant Govind Bagwe & ors. ... Respondent ... Mr. Girish Godbole i/b Rutuja Ambekar for the applicant CORAM : D.G. KARNIK, J DATED : 29th November 2010 P.C. 1. This application is made for joining respondent nos.11 to 20 as parties to the appeal on the ground that they had purchased the suit premises during the pendency of this appeal. 2. In my view, the respondent nos.11 to 20 cannot be joined as parties to the appeal for the reasons indicated below: 3. The original suit is for an injunction restraining the respondent nos.1 to 10 from dispossessing the appellant except by due process of law. Respondent nos.11 to 20 were never trying to dispossess the 2 CAA No.1638/08 appellant at any time prior to the filing of the suit or at the time of the filing of the appeal. According to the appellant, respondent nos.11 to 20 are likely to dispossess them in view of the fact that they have purchased the suit property. The cause of action for suit for injunction against the respondent nos.11 to 20 had therefore arisen subsequent to the filing of the suit and subsequent to this filing of the appeal. They cannot be joined as parties to the present appeal which is not an appeal against the final decree but an appeal arising against an order passed under Order 9 Rule 9 of the Code of Civil Procedure. 4. Civil Application is therefore rejected. (D.G.KARNIK, J)