1 caf1367 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION CIVIL APPLICATION NO.1367 OF 2010 IN FIRST APPEAL NO.496 OF 2004 Shantabai Tukaram Choudhari ...Applicant vs. Indubai Tukaram Choudhari & Ors. ...Respondents Mr.S.R.Nargolkar for the applicant Ms Reshmrani J. Nathani i/b Mr.V.P.Sawant for original appellant Mr.U.P.Warunjikar for the respondent no.1 Mr.P.M.Jadhav for respondent nos.2 and 9 Mr.M.S.Karnik for respondent no.8 CORAM : A.S.OKA,J. DATE : AUGUST 20, 2011 P.C.: 1 Heard learned counsel for the parties. Prayers (a) and (b) cannot be granted in absence of express consent of the original plaintiff. There is a decree passed in favour of the original plaintiff and a direction to exclude certain suit property from adjudication can be issued only on the basis of the consent of the plaintiff especially when the applicant is claiming not on the basis of a sale deed, but on the basis of the development agreement. There is no sale deed executed in respect of the suit property. Hence, prayers (a) and (b) cannot be granted. Considering the documents executed in favour of the applicant, prayer (c) will have to be granted. 2 Hence, I pass the following order : 2 caf1367 i) At this stage, prayers (a) and (b) cannot be granted and the same are rejected. ii)Prayer (c) is granted. However, the applicant be impleaded as a respondent. Amendment to be carried out within a period of two weeks from today. JUDGE