1 ca4492.11 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 4492 OF 2011 IN FIRST APPEAL NO. 579 OF 2011 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM : R.M. BORDE, J. DATED : 22.07.2011 Shri R.R. Mantri, Advocate for the applicant. Shri A.D. Kasliwal, Advocate for respondent Nos. 1 to 4. 1. This is an application restraining the respondents from creating third party interest in respect of the suit property. The appeal is by the original plaintiff, who had presented Special Civil Suit No. 220 of 2007 before the Trial Court claiming cancellation of sale-deed allegedly executed in favour of the respondents herein. The suit came to be dismissed by the Trial Court and hence the instant appeal is presented by the original plaintiff. 2 ca4492.11 2. Shri Kasliwal, Counsel appearing for the respondents has invited my attention towards sale-deed executed by the original plaintiff in favour of third party thereby alienating the suit property during the pendency of the suit. Shri Kasliwal contends that in view of execution of sale-deed by the plaintiff himself during the pendency of the suit he has no surviving interest in the suit property. 3. Shri Kasliwal, Counsel appearing for the respondents on instructions states that at present his clients/respondents herein do not intend to create third party interest in respect of the suit property. 4. Considering the fact situation, I am not inclined to grant the prayer prayed by the original plaintiff/applicant in this application. However, by granting liberty to the respondents the instant application can be disposed of. The respondents shall seek prior permission of this Court in the event they intend to create third party interest in relation to the suit property. 3 ca4492.11 5. The Civil Application stands disposed of. [R.M. BORDE, J.] snk/2011/JUL11/ca4492.11