1 mpt IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3573 of 2005 Pramod G. Tinage & ors. .. Petitioners versus Suresh S. Tingre & ors. .. Respondents ... Mr.Uday Warunjikar for the petitioners. Mr.V.P. Sawant for respnodent nos.1, 2, 3, 5, 6, 7, 8, 9, 10, 11 and 12. Mr.P.S. Dani for respondent no.15. CORAM : A.M.KHANWILKAR, J DATED : 21st July 2008 P.C.: 1. This writ petition takes exception to the interlocutory order passed by the court below to operate during the pendency of the suit. The trial court, on application Ex.5, restrained the defendant no.10 from creating any third party interest or to change the nature of suit property. That order has 2 been set aside by the appellate court with direction to the respondent - defendant no.10 to deposit a sum of Rs.10 lakhs in the trial court. As the petitioners plaintiffs carried the matter before this court, by way of present writ petition, the respondent has not complied with the said direction so far. 2. The question that needs to be addressed in the present writ petition is whether the petitioners plaintiffs are entitled to ask for interim relief against the defendant no.10 society in respect of the entire suit property as was granted by the trial court. It is seen from the stand taken by the parties that the petitioners may have right only to the extent of 10 ares in the suit land, even if they were to succeed in the suit. In other words, they would be entitled to only 10 ares out of the suit land. 3. In the circumstances, the appropriate and equitable order to be passed, to operate between the parties during the pendency of the suit, is to direct the defendant no.10 to set apart 20 ares of land out of the suit land. The defendant no.10 through counsel has assured to set apart 20 ares of land facing road (30 m wide) on the southern end of the 3 plot. The length of the plot facing the road shall be 200 ft and the width will be 107.4" as has been depicted in the sketch handed over to the court which is taken on record marked "X". This arrangement will subserve the interest of justice and secure the claim of the petitioner even if they were to succeed in the suit. The order passed by the courts below are modified to the above extent. This arrangement is without prejudice to the rights and contentions between the parties. All questions in the suit are left open to be decided in accordance with law uninfluenced by the observations of the trial court or the appellate court as the case may be. 4. I am informed that the suit has been fixed for hearing before the trial court on 24th July 2008. As the suit pertains to 2004, the trial court may decide the same expeditiously and preferably not later than 31st March 2009. 5. Petition is disposed of in the above terms with no order as to costs. (A.M.KHANWILKAR, J)