1 ca2188 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPALICATION NO. 2188 OF 2007 IN FIRST APPEAL NO. 189 OF 2001 Aslam Ismail Merchant. ... ... Applicant. Versus Sou. Manik Bhagwantrao Khaire & Ors. ... ... Respondents. Mr. Vineet B. Naik with Mr. Pravin S. Patil for the Applicant. Mr. S. Y. Jadhav i/by Mr. Nikhil Randive for Respondent Nos.7 & 8. Mr. P. K. Shroff with Mr. D. V. Deokar and Mr. Himanshu Mahajan i/by M/s. Parimal Shroff & Co. for Respondent No.9. CORAM : A. M. KHANWILKAR and A. A. SAYED, JJ. DATED : 5TH AUGUST, 2010. P. C. : The proposed respondents have no objection to be impleaded as respondents in the pending appeal. In the circumstances that relief claimed in this application is granted. 2. Necessary amendment be carried out forthwith. 3. In so far as prayer for interim relief is concerned, our attention was invited to order dated 2nd July, 2001, whereby interim relief prayed against the original respondent, came to be rejected. The applicant, however, has now placed on record that the original respondents have created third 2 ca2188 party rights in respect of the suit property and that the said party in turn has created further third party rights. To obviate any further complication, the applicant has approached this Court for appropriate relief against the subsequent purchasers. It is not in dispute that lis pendence applies to this area. It is a different matter that the subsequent purchasers would contend that when the sale was effected lis pendence was not registered. That however, is a matter to be addressed at the time of final hearing of the appeal. For the time being, the applicant is more than content if the proposed respondents were to assure the Court that in all their future transactions it will be disclosed that any steps taken by them would be at their own risk and would be subject to the outcome of the pending proceedings before this Court. The subsequent purchasers should be clearly informed about this position before entering into any further transaction. 4. Respondent No.9, through Counsel Mr.Shroff, gives assurance that such disclosure will be made in respect of every future transaction pertaining to the suit property. That assurance is accepted. In view of that assurance, no further order is warranted as of now. 5. The civil application is disposed of on the above terms. Sd/- Sd/- (A. A. SAYED, J.) (A. M. KHANWILKAR, J.) 3 ca2188 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 189 OF 2001 Aslam Ismail Merchant. ... ... Appellant. Versus Sou. Manik Bhagwantrao Khaire & Ors. ... ... Respondents. Mr. Vineet B. Naik with Mr. Pravin S. Patil for the Appellant. Mr. S. Y. Jadhav i/by Mr. Nikhil Randive for Respondent Nos.7 & 8. Mr. P. K. Shroff with Mr. D. V. Deokar and Mr. Himanshu Mahajan i/by M/s. Parimal Shroff & Co. for Respondent No.9. CORAM : A. M. KHANWILKAR and A. A. SAYED, JJ. DATED : 5TH AUGUST, 2010. P. C. : In so far as the appeal is concerned, amendment be carried out forthwith. 2. The requirement of printing of paper-book is dispensed with on condition that the Appellants shall file Additional paper-book consisting of all the relevant pleadings, evidence and documents which were before the Lower Court and are likely to be relied upon by either side during the arguments. The documents to be filed shall be supported by affidavit to the effect that the same were the part of record before the lower court. 4 ca2188 That be done within twelve weeks from today, failing which the appeal shall stand dismissed for non-prosecution without further reference to the Court. As soon as the paper-book is filed, the Appeal be proceeded, provided, there is no other office objection, and it be included in the final hearing list as per its turn. Filing of roznama is dispensed with as the same will be available in the original record at the time of hearing. 3. Mr. S. Y. Jadhav, learned Counsel and Mr. P. K. Shroff, learned Counsel, appearing for proposed Respondent Nos.7 and 8 and Respondent No.9 respectively, waive service of notice for the said proposed respondents. Sd/- Sd/- (A. A. SAYED, J.) (A. M. KHANWILKAR, J.)