already discontinued and there is no just reason to revive the same and in view thereof the application of the Appellant-Plaintiff was rejected. The claim of the Appellant-Plaintiff is that he has filed the suit in question seeking partition of the joint family property of his father late Lalchand T. Lakhani. The prayers in the plaint are for a declaration that the Plaintiff is entitled to 20% share in the suit flat i.e. Flat No.701, 7th Floor, 457, Pintos Park View, Linking Road, Bandra (West), Mumbai-400050. It is stated that this is the only property and no other property forms the subject matter of the prayers in the plaint. What is interesting to note is that in this partition suit the other legal heirs of late Lalchand T. Lakhani are not impleaded as parties by the Appellant-Plaintiff, but curiously Respondent No.-2 State Bank of India has been impleaded as defendant. The suit in question was instituted some time in March,2016 and it is stated that till date Respondent No.1 has not filed any contesting affidavit to the prayers which are made on behalf of the Appellant-Plaintiff. It appears from the tenor of the plaint that Respondent No.1 had mortgaged the suit flat with Respondent No.2-State Bank of India to avail a loan. From the communication as referred by the Plaintiff at page 29, it appears that as on date there are dues of Rs.4.06 crores which are payable to Respondent No.2 by the Appellant. It appears that on a communication dated 11
