: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.321 OF 2008 Rajendra A. Patil ....Appellant V/s. Pandit A. Patil & Ors. ....Respondents Mr.Anilkumar Patil for the Appellant. Mr.K.S. Dewal for Respondent No.1. Mr.R.A. Thorat for Respondent Nos.4 and 5. Mr.P.S. Dani for Respondent No.6. CORAM : S.J. VAZIFDAR, J. DATED : 10TH APRIL, 2008. P.C. : 1. Admit and heard finally. 2. The impugned order warrants interference only to a limited extent. 3. Prima-facie it does appear that the parties have been dealing with various properties which belong to the estate of the husband of Respondent No.5 separately. The Appellant and Respondent Nos.1, 2, 3 and 4 are the children of Respondent No.5 and her deceased husband who expired in 1988. : 2 : 4. All parties have agreed not to dispose of, alienate, encumber or create any third party rights in respect of the suit properties. It is however made clear that the parties will continue to enjoy the properties in their possession to the exclusion of others as they have been doing today. 5. It is further clarified that Respondent No.6 is a stranger to the family. He alleges that the transaction had been entered into by the Appellant in his favour. The alleged transaction is not affected by this order at all. The above statements and the orders shall not affect Respondent No.6 in any manner whatsoever. In respect of the alleged transaction with Respondent No.6, the parties are at liberty to adopt appropriate proceedings. 6. It is further ordered that this order shall only be in respect of the immovable properties and not in respect of moveable properties including the machineries. Needless to add that this order does not affect self-acquired property or any other property which was not part of the estate of the deceased father. I do not see any reason to pass the order in respect of movable properties. If ultimately, it is held that they form part of the joint properties, the : 3 : same will be subject to the accounts at the hearing of the partition suit.