1 THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Letters Patent Appeal No.16/2009 in W.P.No.5200/08(Decided) Manohar K. Vyawahare ..vs.. Dattatraya K. Pitale and another. ---------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. ---------------------------------------------------------------------------------------------------------------------------- Shri R. V. Gaikwad, Advocate for appellant. Shri R. L. Khapre, Advocate for respondents. CORAM: S. A. BOBDE & F. M. REIS,JJ. DATED : 1 st July, 2009 Heard. Admit. In prima facie view, the result of setting aside the order of deletion of persons, who at no point of time, had a right in contract, have become plaintiffs in the suit for specific performance of such a contract. Shri Khapre learned counsel for the respondents submits that if the respondents are not allowed to participate in the suit, they would loose their rights under the said contract. We have observed that these respondents do not have any specific right in the contract as far as their rights as heirs of deceased partner, namely, Smt. Pratibha Pitale are concerned. It is made clear that such rights if any, would not be affected by any order pass in the suit. Hence, there shall be interim stay to the judgment of the learned Single Judge. 2 Shri Gaikwad, learned counsel for the appellant undertakes not to withdraw the suit or settle it out of Court except with the consent in writing of the present respondents. The respondents are at liberty to make such application for participation in the suit as may be advised in accordance with law. JUDGE JUDGE Andurkar.