1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2578 OF 2008 Dinesh P. Kapadia & Ors. ....Petitioners V/s. Ramgopal B. Choudhary & Anr. ....Respondents WITH WRIT PETITION NO.2610 OF 2008 Dinesh P. Kapadia & Ors. ....Petitioners V/s. Rajendra B. Choudhary & Anr. ....Respondents Mr.P.S. Dani i/b Mr.A.G.Damle for the Petitioners. Mr.Ramesh Tiwari i/b M/s.Bagla Dandekar & Co. for Respondent. No.1. CORAM : S.J. VAZIFDAR, J. DATE : 23RD FEBRUARY, 2010. P.C. :- 1. Rule in both the Writ Petitions. Rule is made returnable and heard forthwith. 2. The parties and the facts in both the Writ Petitions are similar. It is convenient therefore to dispose of both the Writ Petitions by this common order. 3. Respondent No.2 is absent despite being served. 4. Respondent No.1 reiterated the statement recorded in the 2 order dated 12.1.2009. The same is accepted. 5. Respondent No.1 has no objection to the order dated 12.1.2009 being confirmed as the order in both the Writ Petitions even so far as the Commissioner’s report is concerned. I see no objection in any event to confirming the order on the same terms, as it does not prejudice the rights and contentions of any of the parties including Respondent No.2. The correctness and effect of the Commissioner’s report have been kept open and shall be kept open. 6. Respondent No.2 claims a right in respect of the suit property only through Respondent No.1. The Petitioner is the landlord of the premises. Thus in any event, Respondent No.2 would not be entitled to deal with the property to the prejudice of the Petitioner pending the suit. 7, In the circumstances, both the Writ Petitions are disposed of by the following order :- i). The order dated 12.1.2009 is confirmed as the final order in both the Writ Petitions even against Respondent No. 2. ii). Pending the hearing and final disposal of the suits, the Respondents are restrain from disposing of, alienating, encumbering, parting with possession of, or creating any third party right, title and/or interest in, to, upon or in respect of the suit property. iii). There shall be no order as to costs.