1 5 ca 5324.00.doc K IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.5324 OF 2000 IN FIRST APPEAL NO.802 OF 2000 Roger A.D’Souza & Ors. ..Appellants. Vs. Smt.Kamla Bihari Lulla & Ors. ..Respondents. Mr. Clive D’Souza for the appellants. Ms.Gunjan Shah i/b H.V.Kode for respondent no.2. Mr.K.R.Iyengar for M/s Solitaire Construction for respondent. Mr.Ketkar, Ist Assistant Court Receiver present. CORAM : D.B.BHOSALE, J. DATED : 10/12/2010. PC: 1 Heard learned counsel for the parties. 2 Learned counsel for the applicants does not press prayer clause (a) in the application and submits that the applicants will be satisfied if respondent nos.1 and 2 so also M/s. Solitair Construction, in whose favour respondent no.2 has created third party interest/rights, are restrained from creating further rights/interest or from carrying on any construction on the suit 2 5 ca 5324.00.doc property. There is no dispute that during the pendency of these proceedings respondent no.2 has created third party rights/ interest in favour of M/s. Solitair Construction. Learned counsel for the applicants further submits that the applicants may be allowed to add M/s. Solitair Construction as party respondents in the first appeal. 3 Learned counsel for respondent no.2 on instructions submits that respondent no.2 will not create any further rights in the suit property till disposal of the appeal. Her statement is recorded and accepted. Mr. Iyengar, learned counsel for the third party namely, M/s.Solitare Constructions on instructions from his client who is present in the court submits that they will not create any third party rights/interest in the suit property or make any construction thereon till the disposal of the appeal. His statement is also recorded and accepted. It is needless to state that respondent no.1 is also restrained from creating any third party rights/interest in the suit property. The civil application is disposed of. 4 Hearing of the appeal is expedited. It is open to the parties to apply for fixing early date of hearing after the ensuing Christmas vacation. The applicants are directed to add M/s. 3 5 ca 5324.00.doc Solitiar Construction as party respondents in the first appeal on or before 23.12.2010. Mr. Iyengar waives notice on behalf of M/s. Solitaire Construction. (D.B.Bhosale, J.)