ash 1 caf-5920.08 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.5920 OF 2008 IN FIRST APPEAL NO.874 OF 1997 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. Shri V.D. Raut i/by Shri S.D. Thokade for the Applicants. Shri M.R. Deshpande for Respondents. -- CORAM : A.S.OKA, J. DATE :15TH JUNE, 2011 P.C.: . Heard learned counsel appearing for the Applicants and the learned counsel appearing for the Respondents in the Appeal. 2. This is an application for impleading the proposed Respondent Nos.1 to 3 as parties to the Appeal on the ground that though the proposed Respondents are the parties to the suit, they were not impleaded as parties to the appeal under a bona fide belief that there was no controversy between the Applicants and the said ash 2 caf-5920.08 proposed Respondents. It is recorded that an objection was raised at the time of final hearing of the Appeal to the effect that the proposed Respondents, though parties to the suit, were not made parties to the Appeal. Therefore, the present application has been made. 3. Learned counsel appearing for the Respondents in the Appeal has objected to this Application. The office noting shows that the proposed Respondents have been duly served. They have not raised any objection. Hence, considering the facts of the case, this Application is allowed in terms of prayer clauses (b) and (D). 3. Notice of the Appeal shall be issued to the added parties. (A.S.OKA, J)