1 Ash FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4819 OF 2010 AND CIVIL APPLICATION NO. 4820 OF 2010 AND CIVIL APPLICATION NO. 4821 OF 2010 IN FIRST APPEAL NO. 765 OF 2001 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. Shri Dakshesh Vyas i/by Durgaprasad Sabnis for the Applicant. Ms Mahik Bookwala i/by Zohir & Co. for Respondent Nos.1, 1A and 3 to 6. -- CORAM : A.S.OKA, J. DATE : 22ND FEBRUARY, 2011 P.C.: . Heard learned counsel appearing for the Applicant. Civil Application No. 4819 of 2010 is filed by a third party, which is a co-operative society, praying for impleadment as a party respondent in the appeal. In Civil Application No. 4820 of 2010, there is a similar prayer made by a limited company which claims to be a developer. Civil Application No. 4821 of 2010 is filed by the said developer seeking a direction to the Court 2 Receiver to hand over possession of one of the flats which is subject matter of the appeal to the said developer so as to enable the developer to carry out development work. 2. The Appeal arises out of a suit filed by the Appellant for declaration that the joint family of the plaintiff and the defendant constitutes Hindu Undivided Family. A declaration is claimed that several properties including the flat in respect of which a relief is claimed in the present applications are the properties of the Hindu Undivided Family. Looking to the nature of prayers in the suit and frame of the suit, it is obvious that the applicants in these applications are neither necessary nor proper parties to the original suit and this Appeal. If the applicants are unable to develop the property in which the flat in question is situated, it is for the Applicants to proceed in accordance with the law and in the present appeal, they cannot seek any reliefs. 3. Subject to what is observed above, the present civil applications are rejected. (A.S.OKA, J)