1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1588 OF 2005 IN SECOND APPEAL NO. 1078 OF 2005 Shri Ramesh Babulal Agarwal .. Applicant/ Appellant. V/s. Shri Sanjay Prabhakar Bakre & Ors. .. Respondents. --- Mr. V.P. Shintre for the Appellant. Mr. A.P. Vanarse for Respondents.. --- CORAM : J. H. BHATIA, J. DATED : 18th September, 2009 P.C. : 1. Heard learned counsel appearing for the parties. Second Appeal is admitted. 2. The trial court had passed a judgment and decree in favour of the present Applicant/Appellant which was set aside by the first Appellate Court. The first Appellate Court had passed decree in favour of the Respondents but admittedly the Appellant is in possession of the property. Therefore, this application is 2 allowed in terms of prayer clause (b). 3. The Application stands disposed of accordingly. However, the Appellant shall not create any third party interest nor shall part with possession of the property pending the Appeal. (J.H. BHATIA,J.)