-1- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO.1207 OF 2008 APPLICATION NO.1207 OF 2008 APPLICATION NO.1207 OF 2008 IN IN IN FIRST FIRST FIRST APPEAL NO.2254 OF 2007 APPEAL NO.2254 OF 2007 APPEAL NO.2254 OF 2007 Sijandarhayat s/o Abdul Majid ...Applicant vs. Rashida Banu D/o Abdul Majid & Ors. ...Respondents Mr.A.L.N.Khatri for the Applicant Mr.A.S.Uraizee for the Respondents CORAM: CORAM: CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : MARCH 11, 2008. : MARCH 11, 2008. : MARCH 11, 2008. P.C.: P.C.: P.C.: 1. Heard learned Counsel appearing for the Applicant (the Respondent No.1 in the Appeal) who has taken out the present Application. Heard the learned Counsel for the Appellant in the Appeal. 2. After the admission of the Appeal, there is an interim order passed in favour of the Appellant. By the said interim order, interim relief granted by the trial court during the pendency of the suit was continued. 3. If the first Respondent wants to claim any substantive relief in terms of Room No.11 which is referred to in prayer clause (b) and (c), the first Respondent will have to take out appropriate proceedings. The reliefs in terms of prayer clauses (b) and (c) cannot be granted in this Appeal arising -2- out of the suit filed by the Appellant. 4. The suit filed by the Appellant before the trial court has been dismissed. Therefore, it is obvious that till the disposal of the present Appeal, even the Appellant cannot create any third party interests in respect of the suit property. That is the only relief which can be granted in this application. 5. Hence, I pass the following order : i) Prayers (a) to (c) are rejected with liberty to the Applicant to take out appropriate proceedings in that behalf. ii) The Till the final disposal of the Appeal, the Appellant is restrained from creating any third party interests in respect of the suit property. iii) There will be no order as to costs. iv) Civil Application is disposed of accordingly. JUDGE JUDGE JUDGE