Laxminarayan R. Bhattad And 3 ORS. v. Sarojben Shivlal Barot And 3 ORS.

app46.doc ssp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.46 OF 2018 Laxminarayan R. Bhattad & Ors.

...Appellants vs.

Sarojben Barot & Ors.

...Respondents

Mr.Delaney Sylvester I/b Dhru & Co. for the appellants Mr.Vivek R. Walawalkar for the respondent No.1 Ms Deepti panda a/w Ms Akansha Patil I/b Narayanan & Narayanan for respondent Nos.3 and 4.

CORAM : A.S.OKA, & M.S.SONAK,JJ.

DATE : SEPTEMBER 12, 2018 Digitally signed by Shubhashri Shridhar Pathak Date:

2018.09.26 14:48:13 +0530 Shubhashri Shridhar Pathak P.C.:

The learned counsel appearing for the appellants seeks time. The appellants were not the parties to the suit filed by the first respondent against the second to fourth respondents. The present appellants took out Chamber Summons No.1130 of 2015 praying that the Appellants be impleaded as co-plaintiffs.

The second prayer was for restraining the first respondent-plaintiff from discharging her Advocate.

By the impugned order, the said Chamber Summons taken out by the appellants has been dismissed. The impugned order records that the prayers (c)and (d) of the Chamber Summons were not pressed. Therefore, the only prayer pressed was for impleadment of the

app46.doc appellants herein as co-plaintiffs. The learned counsel for the third and fourth respondents has placed on record a copy of the order dated 28th November 2017 passed by the learned Single Judge by which the suit has been disposed of as withdrawn. In view of this order dated 28th November 2017, even if the Appeal is allowed there will not be any occassion to grant any relief as now the appellants cannot be impleaded as co-plaintiffs in the suit which is already withdrawn. Accordingly, Appeal is disposed of. We make it clear that we have made no adjudication on the rights of the contesting parties.

(M.S.SONAK,J.) ( A.S.OKA,J.)