1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL APPLICATION NO.621 OF 2009 IN FIRST APPEAL NO.432 OF 2008 ... Baburao D. Patil D.H.Shantabai Baburao Patil and ors. ...Applicants v/s. Ramchandra Shankar Patil ...Respondent ... Shri V.A.Gangal i/b Shri Ashok T. Gade for the Applicant. Shri Sagar Kasar for the Respondent. ... CORAM: D.K.DESHMUKH, & V.M.KANADE, JJ DATED: 19th June, 2009 P.C.: 1) We have granted interim injunction in terms of prayer clause (a) to operate during the pendency of the proceedings because temporary injunction in the same terms were 2 operating during trial. 2) The First Appellate Court is the court of fact as well as law. The Applicants want the order to be modified so that they can sell part of the land which is in their possession. As the dispute to partition is pending, admittedly, in our opinion, permitting the Applicants to dispose of part of the land which is the subject matter of Appeal and create third party interest will not only cause prejudice to the interest of the Respondent but also to the innocent third party. We see no room to vacate or modify the interim order. Civil Application is, therefore, disposed of. (D.K.DESHMUKH,J.) (V.M.KANADE, J.)