IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 4319 OF 2008 IN FIRST APPEAL NO. 867 OF 2006 Mary Joy Pawar ...... Applicant V/s. Ashok Ram .... Respondent ======= Mr.Kishore Patil, adv.for applicant. Ms.Sucharita Patra, adv.for respondent. Coram: Smt.R.P.SondurBaldota, J. Dated: 5 th May, 2009. P.C. :- 1. Heard counsel for both sides. 2. This Civil Application is taken out by the applicant for an injunction that the respondent should be restrained inter-alia from creating any third party rights over the suit property pending disposal of the First Appeal. 3. The present appeal arises out of the judgment and decree dated 4th July, 2005 in the suit filed by the applicant for a permanent injunction to restrain the respondent from interfering with or disturbing peaceful possession of the suit premises. By the impugned decree, the applicant was directed to hand over possession of the suit premises to the respondent. During the pendency of the present First Appeal, the decree was executed and the respondent has been handed over possession of the premises. Therefore,the applicant has taken out the present Civil Application for protection of the suit premises against creation of any third party rights over the same. 4. Considering the facts and circumstances of the case, in my opinion, the relief of injunction as sought by the applicant is required to be granted, so that the premises can be made available to the applicant in case, she succeeds in the First Appeal. Hence, the Civil Application is allowed in terms of prayer clause (a). [SMT.R.P.SONDURBALDOTA, J]