: 1 : FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPEAL FROM ORDER NO.582 OF 2008 WITH CIVIL APPLICATION NO.676 OF 2008 IN NOTICE OF MOTION NO.99 OF 2008 IN L.C.SUIT NO.26 OF 2008 -------------------------------------------------------------- Office Notes, Office Memoranda Court’s or Judge’s orders of Coram, appearances, Court’s . orders or directions and . Registrar’s orders . -------------------------------------------------------------- Mr.Abhay Patki with Mr.R.D. Mishra for the Appellants. Mrs.Geeta Joglekar for Respondent No.1. Mr.Yogi Sharma with Ms.Rita Abraham for Respondent No.2. Mr.Filgi Fredrick for Respondent No.3. CORAM : S.J. VAZIFDAR, J. DATED : 24TH JUNE, 2008. P.C. : 1. The impugned order warrants no interference. There is a serious dispute between the parties regarding the title. It has been held prima-facie that the title vests in Defendant No.2. The rights of the parties will be determined in the : 2 : partition suit which, the learned counsel appearing on behalf of the Appellants states, is pending. In these circumstances, it would not be appropriate to permit the Appellants to carry out the reconstruction and occupy the reconstructed portion. 2. In the circumstances, the Appeal from Order is dismissed. The Civil Application is also dismissed. 3. It is clarified that the dismissal of this Appeal from Order will not come in the way of any of the parties including the Appellants for making appropriate application even at the interlocutory stage for the reliefs in respect of the property in the partition suit or any similar proceedings which may be adopted.