1 C.A.No.4405.11 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 4405 OF 2011 (Shri Anup Narayansing Killedar & Ors V. M.H.A.D.A. & Ors ) in SECOND APPEAL NO. 644 OF 1992 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM : S.V. GANGAPURWALA, J. DATED : 29th April, 2011. PER COURT : 1. The present applicants are purchasers pendente lite and seeking directions for being added as party respondents in the appeal. 2. Shri Mote, learned Counsel for the non-applicant opposes the application, on the ground that, present applicants are 2 C.A.No.4405.11 transferee pendente lite do not have independent title and right, and bound by the orders which would be passed. They cannot claim more right than their alleged vendors. The learned counsel also states they they are added parties in proceedings under Order 21 rule 97 of Civil Procedure Code. As such, they are not necessary parties. 3. The applicant claims to be purchasers pendente lite under Order 22 Rule 10 of Civil Procedure Code they would be representative in interest of the original owner. Be that as it may, the applicants are seeking prayer to be added as respondents in the appeal and not as party to the suit. They have got a right which their vendors have to defend the case. In that light of the matter, the present applicants are allowed to be added as co-respondents though they are not necessary parties as they may be proper parties. Civil Application is disposed of accordingly. 3 C.A.No.4405.11 3. Shri Kulkarni, learned counsel waives notice for present applicants as added respondents. The amendment be carried out within 14 days from today. ( S.V. GANGAPURWALA, J. ) SDM*