5-AO-ST-3127-20.doc rsk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER (ST) NO.3127 OF 2020 WITH INTERIM APPLICATION NO.2208 OF 2020 WITH INTERIM APPLICATION NO.2209 OF 2020 M/S. Mega Enterprises A Partnership Firm Thr. ItsPartners Mr. Mohammed Junaid Choudhary And Anr ...Appellants Versus Mr. Bhaveshkumar Kanubhai Patel Thr, Poa.Mr.Jiten R. Patel And Ors ...Respondents _____________________________________________________ Mr. Rahul Matkari, for the Appellants. Ms. Srushti Chalke i/b. Mr. Drupad Patil, for Respondent No.1. _____________________________________________________ CORAM : JITENDRA JAIN, J. Dated : 19 NOVEMBER 2025 P. C.: 1. The present appeal is filed by the appellant who is admittedly not a party to the original proceedings which are pending before the Panvel Court. The order which is sought to be challenged has been passed since the defendant were about to create third party rights and no written statement was filed on behalf of the defendant. Therefore, to protect the plaintiff, the impugned order was passed. 2. I do not see any infirmity or perversity in the reasoning given by the learned Judge in passing the impugned order. 3. However, if the present appellant who is not a party to the 1 of 2 5-AO-ST-3127-20.doc original proceedings is aggrieved by the said order, he should make appropriate application before the Panvel Court for appropriate reliefs including for his impleadment. If such an application is made, same would be considered on its own merits. 4. I am not expressing any opinion whether the present appellant is a necessary or proper party to the suit or has any locus in the present suit. Same has to be adjudicated if and when the application is made by the present appellant. 5. Appeal is disposed of in above terms. Interim Applications do not survive. I have not expressed opinion on any of the issues and therefore all the contentions of all the parties are kept open. [ JITENDRA JAIN, J. ] 2 of 2