1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.138 OF 2009 IN FAMILY COURT APPEAL NO.136 OF 2007 Ankush Parshuram Bhelke ..Applicant. Vs. 1.Smt.Sunita Ankush Bhelke ..Respondent. And 2. Prakash Mahadeo Bhelke 3. Mahadeo Wadhwal ..Additional Respondents. Mr.Gautam Kamble i/b. Mr. S.G.Deshmukh for the Applicants. Mr.S.S. Patwardhan for the Respondents. CORAM : B.H. MARLAPALLE AND S.J. VAZIFDAR, JJ. DATED : 6TH MAY, 2009 P.C. :- 1. Heard Mr. Kamble, h/f. Mr.S.G. Deshmukh, the learned counsel for the Applicant, who is the Appellant in the Family Court Appeal No.136 of 2007. 2. The Appellant had approached the Family Court with a petition for seeking divorce from his wife and the said petition came to be dismissed, and hence, he has filed Family Court Appeal No.136 of 2007. 2 3. Admittedly, the present Respondent nos.2 and 3 are aliens so far as Family Court Appeal No.136 of 2007 is concerned and, if they have resorted to the alleged demolition of the Applicant’s house so as to construct a new house, the Applicant’s remedy is before the Civil Court or any other competent forum. The prayer made in this application cannot be granted as Respondent nos.2 and 3 are not parties in the Appeal. 4. Hence, the Application is rejected with liberty to the Applicant, that is available in law. (S.J. VAZIFDAR, J.) (B.H. MARLAPALLE, J.)