1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CA NO.12663/2008 IN FIRST APPEAL NO.635/2009 ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- CORAM : K.U.CHANDIWAL, J. DATE : 10 th July, 2009. . Heard learned Counsel for the respective parties. 2) The appellant seeks to challenge the order passed by learned CJSD, Aurangabad dated 16.7.2004 against dismissal of the suit. Thereafter the respondents sold the property to Respondent No. 2 – Muhammad Abdul Rab Maruf Roub. The appellant apprehends that the respondent no.2 is trying to damage the property and also is changing its nature, including creating third party interest in respect of the very property. The appellant apprehends, if such changing of things is further entertained, it will be adding to multiplicity of difficulties. 3) The record rebels against the respondents as they have not honoured the earlier directions of remittance of costs 2 of Rs.10,000/-. They even did not venture to file a reply to the application. All sorts of excuses are put forth and entertained by this Court. Today also to face the adjournment. Considering the nature of controversy, Respondent no.2 shall not create any third party interest in relation to the suit property till the disposal of the appeal. CA is allowed in above terms. 4) Respective Counsel waive service in appeal. It is agreed by both sides to dispose of the appeal finally at the stage of admission. S.O to 12th October, 2009. ( K.U.CHANDIWAL ) JUDGE bdv/ca12663.08