{1} ca54511.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.545 OF 2011 IN FIRST APPEAL NO.1338 OF 2010 Smt.Sushila Dattatray Joshi, since deceased, through her L.R. Applicant Versus Smt.Shalini Chintaman Joshi & others Respondents Mr. S.V.Natu, advocate for applicant. Mr. L.V.Sangit, advocate for respondents no.1 to 3. Mr. A.B.Gatne, advocate for respondent no.7. Mr. K.N.Lokhande, advocate for Respondents No.10 to 14. Mrs.M.D.Thube-Mhase, advocate for respondent no.17. CORAM : R.M.BORDE, J. DATE : 27th July, 2011 PER COURT: 1 This is an application presented by original plaintiff – appellant herein seeking stay to the execution of the decree passed by the trial Court. 2 The applicant states that the property alienated by defendants no.1 to 3 in favour of purchasers – other defendants is the property belonging to the joint family and there is no partition effected between members of the joint family. Defendants no.1 to 3 did not have entitlement to alienate joint share of the plaintiffs. The applicant/plaintiff, therefore, prays for restraint order against the defendants, including the purchasers, restraining them from ousting the plaintiff from possession of the property involved in the suit. {2} ca54511.odt 3 Learned Counsel appearing for respective respondents point out that a part of the share of the dispute property is alienated. There is a finding recorded by the trial Court that the purchasers are put in possession of separate area in respect of which interest is created by defendants no.1 to 3. There is also a direction issued by the trial Court in respect of adjustment of equities. Considering these aspects, the prayer made by the applicant – original plaintiff seeking restraint order against respondents – original defendants does not deserve any consideration. 4 So far as the direction in respect of creation of third party interest, as prayed for by the plaintiff, is concerned, considering nature of the litigation and considering fact that the property involved is a joint property in respect of which finding is recorded by the trial Court, I deem it appropriate to issue direction, as prayed for in the application. 5 All the parties to the litigation are restrained from creating third party interest in respect of the property involved in the suit during pendency and final disposal of this appeal. 6 So far as decree passed by the trial Court in respect of effecting partition of the property and transmitting decree to the revenue authorities under Section 54 of the Transfer of Property Act, is concerned, said direction contained in paragraph (9) of the operative portion of decree shall stand stayed till disposal of appeal. 7 Civil Application stands disposed of. R.M.BORDE JUDGE adb/ca54511