IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION APPEAL APPEAL APPEAL NO. 151 OF 2008 NO. 151 OF 2008 NO. 151 OF 2008 IN IN IN CHAMBER CHAMBER CHAMBER SUMMONS NO. 142 OF 2007 SUMMONS NO. 142 OF 2007 SUMMONS NO. 142 OF 2007 IN IN IN SUIT SUIT SUIT NO. 2954 OF 2004 NO. 2954 OF 2004 NO. 2954 OF 2004 Fazlur Rahman Habib Khan ] .. Appellant Org.Deft.No.2. Versus 1.Iqbal Hussain Habib Khan & 4 ors. ] .. Respondents Org.Def.1,3,4,5 & Plaintiff None for the appellant. Mr. S.A. Sawant i/b Mr. H.V. Kode for the respondent No.1. CORAM: S.B. MHASE & SMT.NISHITA MHATRE, JJ. DATED: 7TH JULY, 2008 P.C. : 1. Appellant and his Advocate are absent. 2. We have perused the impugned order dated 23rd January, 2008, passed in the Chamber Summons No.142 of 2007 in Suit No.2954 of 2004. The Suit is for partition of the properties of the joint family. Both the parties have been granted liberty to add to the list, the properties which are not the subject matter in the Suit. The issue whether such properties are part of the joint : 2 : family properties is left open. By passing of such an order, neither the plaintiff nor the defendant in the suit are affected. 3. Appeal is without any merit and is, accordingly, rejected. Sd/- Sd/- [SMT.NISHITA [SMT.NISHITA [SMT.NISHITA MHATRE, J.] MHATRE, J.] MHATRE, J.] [S.B. [S.B. [S.B. MHASE, J.] MHASE, J.] MHASE, J.]