1 IN `THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2603 OF 2009 IN FIRST APPEAL NO.664 OF 2008 Smt.Jyoti Jethanand Kathuria & Anr. )..Applicants Vs. Smt. Ishwari H. Gandhi & Anr. )..Respondents ---- Mr. S. J. Chaurasia i/by M/s.Ashoka Law Firm for the applicants. Mr. S.M. Tulsankar i/by S.D. Patil for the respondent nos.1 & 2. ---- Coram : R.S.MOHITE,J Date : 3rd March, 2010 PC 1 This is a Civil Application for an injunction against the respondents from disturbing, dis-possessing and/or interfering with the applicants’ peaceful and exclusive possession of the premises i.e flat no.B/27 1 : 1, Himgiri CHS Ltd., Sector-3, Sanpada, Navi Mumbai. The application is mis-conceived. The present appeal is filed by the present respondent nos.1 & 2. Respondent no.3 against whom reliefs are sought was not a party to the original proceedings and claimed to be a mortgagee of the present respondent nos.1 & 2 in this application. The appeal has been filed against the grant of letters of administration to the present applicants who claimed to be the wife and son of the deceased Jethani. Respondent nos.1 & 2 also claimed to be wife and son of the same Jethani. There was no injunction of the nature sought operating in the trial Court. In such circumstances, the 2 entire cause of action particularly the injunction sought against the respondent no.3 who was not a party, cannot be granted in this application. The application is rejected with a liberty to file an appropriate proceedings in case they may so desire. (R.S.MOHITE,J) 3