- 1 - (G.C.P.)J 455 (5,00,000)-11.2001) Spl-H.C.,A.S.,C.D.,78e IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE Civil Application No.1207 of 2006 And Civil Application No.1208 of 2006 In Second Appeal No.133 of 2001 --------------------------------------------------------------------------- Office Notes, Office Memoranda Court’s or Judge’s orders of Coram, appearances, Court’s order or directions and Registrar’s order. --------------------------------------------------------------------------- Shri Anilkumar Patil for the Applicants. Shri G.N.Salunkhe for the Respondents. -- - CORAM: ABHAY S. OKA, J DATED: 13TH MARCH, 2008. P.C. 1. These two applications are filed by the Respondents in the Second Appeal. The Respondents in the Second Appeal are the original Defendants and the Appellant is the original Plaintiff. The grievance made in these applications is that the Appellant in the Second Appeal has transferred the suit property to Opponent No.2 in the Civil Application No.1207 of 2006. Therefore, prayer in Civil Application No.1207 of 2006 is for directing the Appellant to amend the - 2 - memorandum of appeal and implead Opponent No.2 herein as party Respondent. Prayer in Civil Application No.1208 of 2006 is for injunction restraining the Appellant and his alleged transferee for creating third party interests. 2. As pointed out earlier, the Applicants are the original Defendants. The Applicants are not entitled to seek reliefs which are sought in these applications in the Second Appeal filed by the original Plaintiff. Therefore, the applications are not maintainable and the same are dismissed only on the said ground. 3. Dismissal of these applications will not preclude the Applicants from taking out appropriate proceedings. Order accordingly. ( ABHAY S. OKA, J )