Kesubhai Babubhai Patel And ORS v. Babubhai Merwanbhai Patel The Lrs And ORS

9 CAF 1052 OF 2014.doc vks

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1052 OF 2014 IN FIRST APPEAL NO.2021 OF 2011 Kesubhai Babubhai Patel and ors .... Applicants V/s.

Babubhai Merwanbhai Patel and ors .... Respondents.

Mr. Girish R. Agrawal, for the Applicant.

CORAM : DR. SHALINI PHANSALKAR-JOSHI, J.

DATE : 24TH OCTOBER, 2016.

P.C. :

1.

It is submitted by learned counsel for applicants that some of the suit property has already been sold out by respondent Nos. 1 & 2 and hence it has become necessary to implead those purchasers as parties and seek appropriate relief against them. In view of the order passed by this Court, notices were issued to proposed parties. Affidavit of service is also filed on record to state that respondent Nos. 3 & 4 are duly served, but not appeared.

2.

In view thereof, this application for impleading respondent Nos. 3 & 4 in this appeal is allowed. Leave to add proposed parties in the 1/2

9 CAF 1052 OF 2014.doc First Appeal as respondent Nos.3 & 4 is granted. Amendment to be carried out within four weeks from the date of this order. On failure to carry out the amendment within the stipulated period, this application will stand dismissed.

3.

On the amendment being carried out, issue notice to respondent Nos. 3 & 4, returnable on 30.11.2016. [DR. SHALINI PHANSALKAR JOSHI, J.] 2/2