Ash 1 69caa-324.10 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 324 OF 2010 IN APPEAL FROM ORDER NO. 246 OF 2010 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. Shri Tushar Sonawane for the Applicant. Shri Jitendra Gaikwad i/by Shri Anilkumar Patil for the Respondent. -- CORAM : A.S.OKA, J. DATE : 7TH MARCH, 2011 P.C.: . Heard learned counsel appearing for the Applicant and the learned counsel appearing for the Respondent. 2. In the impugned order, the learned Trial Judge has recorded a finding that the Applicant has made out a prima facie case. However, a relief of temporary injunction has been denied. It is an admitted position that the Respondent has carried out some construction. In view of the finding of the Trial Court and the fact that the Respondent has carried out some construction, a limited interim relief deserves to be granted. Hence, the Ash 2 69caa-324.10 Application is disposed of by passing the following order:- ORDER (a) The construction carried out by the Respondent on the suit property will be subject to final outcome of the suit and the Respondent will not be entitled to claim equity on the ground that he has carried out construction during the pendency of the suit. (b) Till final disposal of the Appeal, the Respondent is restrained from creating any third party interests in respect of the suit property and construction carried thereon and from parting with possession of the suit property and construction carried on the suit property. (c) There will be no order as to costs. (A.S.OKA, J)