1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1482 OF 2008 IN FIRST APPEAL NO.2931 OF 2006 Shri Manubhai Vadilal Shah & Ors. ..Applicants Vs. M/s.Jay Vijay Construction Co. ..Respondent Mr. Abhay Khandeparkar with Mr. Vijay Rajput i/b. Mr. Piyush Shah for the Applicants. Mr.A.Y.Sakhare, Senior Advocate i/b. Mr. Sandesh Patil for the Appellants in the First Appeal. Mr. Tejas Deshmukh for Respondent nos.1 to 7 in the First Appeal. Mr. A.A. Kumbhakoni i/b. Mr. Sandesh Deshpande for Respondent no.10 in the First Appeal. CORAM : B.H. MARLAPALLE AND S.J. VAZIFDAR, JJ. DATED : 2ND MAY, 2009 P.C. :- This application has been filed by M/s. Jay Vijay Construction Company, a partnership firm, praying for being impleaded as the additional Respondents in First Appeal No.2931 of 2006. 2 2. We have heard Mr. Khandeparkar, the learned counsel for the Applicant firm. We have noted that in First Appeal No.2931 of 2006. the suit property is New Survey No.120/2 and the Applicant firm is claiming that the suit property in which the said company has interest is located in New Survey No.120/4. As per Mr. Khandeparkar, the Old Survey No.476 has been divided in different parts while allotting new survey numbers i.e. New Survey No.120 and there is no specific demarcation. 4. This allegation itself cannot be a reason to implead the Applicant as a necessary party in First Appeal No.2931 of 2006 and obviously the Applicant’s remedy may be somewhere else for getting the suit property demarcated and, in any case, any order passed in First Appeal No.2931 of 2006 will be without prejudice to his rights over the property in New Survey No.120/4. 5. Hence, the application is rejected. (S.J. VAZIFDAR, J.) (B.H. MARLAPALLE, J.)