1 WP No.5075/11 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5075 of 2011 Yallappa Ramu Kamble (deceased thru LRs Padmini Jalindar Bhosale ... Petitioner versus Ramu Kummanna Kamble Bhosale, deceased thru LRs Bhima Ramu Kamble @ Bhosale and ors. ... Respondents ... Mr. Ashutosh Gole for the petitioner. CORAM : D.G. KARNIK, J DATED : 1st August 2011 P.C. 1. In a pending appeal before the District Court, the petitioner made an application for joining third person as a party to the appeal on the ground that during the pendency of the proceedings, the original defendant had transferred or agreed to transfer the suit property to the third person. The application was rejected. That order is impugned in this writ petition. 2. Before the appellate court, the respondents specifically denied that there was any sale or transfer or agreement to sell or transfer in 2 WP No.5075/11 favour of the third person. In the absence of any material that the suit property was transferred during the pendency of the suit or appeal, the appellate court held that third person cannot be joined as a party respondent. The burden of proving that the suit property was transferred during the pendency of a suit or appeal was on the petitioner and unless that was proved, the appellate court could not have been joined the third party as party to the respondent. There is no merit in the petition which is hereby rejected. (D.G.KARNIK, J)