: 1 : FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPEAL FROM ORDER NO.916 OF 2008 WITH CIVIL APPLICATION NO.1104 OF 2008 IN S.C.SUIT NO.1067 OF 2008 -------------------------------------------------------------- Office Notes, Office Memoranda Court’s or Judge’s orders of Coram, appearances, Court’s . orders or directions and . Registrar’s orders . -------------------------------------------------------------- Mr.N.P. Bhavsar for the Appellant. Mr.M.M. Vashi for Respondent Nos.1 and 2. None for Respondent No.3. CORAM : S.J. VAZIFDAR, J. DATED : 13TH OCTOBER, 2008. P.C. : 1. Admit and heard finally. 2. The Appellant/Plaintiff claims to be in possession of the suit premises namely flat No.409 in Building No.7. Respondent Nos.1 and 2 are stated in the title to be the Chairman and the Secretary of S.R.A. Society. It is stated at the bar on behalf of the Appellant that they : 2 : are not a part of the society in respect of the building in which the suit flat is situated. 3. To a question as to why they were impleaded in the suit, the answer is that they were trying to physically dispossess the Appellant. Mr.Vashi, states that Respondent Nos.1 and 2 do not have any interest in the suit flat. In view of the statement, it is not necessary to grant any reliefs to the Appellant as against Respondent Nos.1 and 2. 4. It is made clear that this order ought not to be construed as recognizing the alleged possession of the Appellant in respect of the suit flat. The Appellant claims to have purchased the same from one Ganesh Gupta. The said Ganesh Gupta is not impleaded. It is further clarified that this order will not affect the rights of any third parties who are not before me including the statutory authorities such as the S.R.A. in respect of the said flat. In the circumstances, the Appeal from Order is accordingly disposed of. : 3 : 5. In view of this, nothing survives in the suit as against Respondent Nos.1 and 2. I am informed that Respondent No.3 - Reliance Energy Ltd. has restored the electricity connection and therefore no reliefs are sought at this stage against Respondent No.3. 6. In view of the above, the suit does not survive and is disposed of in the same terms inter-alia by accepting Mr.Vashi’s statement.