1 ao642.11.sxw IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION. Appeal from Order No. 642 of 2011 WITH Civil Application No. 871 of 2011 IN AO NO. 642/2011 Mrs. Priyanka Pradip Desai ....Appellant v/s. Balkrishna Hari Shinde & ors. ....Respondent Mr. H.R. Pawar for the appellant. Mr. S.J.Ghogre for respondent no.1. CORAM: R.M. BORDE, J. 15th November, 2011 PC: Heard. Admit. 2. With the consent of the parties, appeal taken up for final disposal. 3. This Appeal from Order can be disposed of by giving liberty to the respondent-original plaintiff to present an appropriate application seeking appropriate reliefs before the trial Court and the trial Court shall also have to be directed to consider such an application if presented by the plaintiff. The trial Court has granted an order of injunction directing the defendant not to create third party rights in alternate accommodation in lieu of tenanted room no.20 till the decision of the suit. The prayer made in the application reads thus:- “pending the hearing and final disposal of the suit, the defendants, their servants, agents and/or any person claiming through them be restrained by an order and injunction from creating third party rights in respect of the suit premises viz. Room No. 20, Ram Niwas Chawl, 2 ao642.11.sxw Ganesh Galli, Lalbaug, Mumbai 400012.” 4. It is also contention of the appellant that alternate accommodation as contended by the plaintiff has not yet been allotted to the defendants. There are also no particulars in respect of the alternate accommodation which is stated to have been granted. In these circumstances, grant of prayer in respect of creation of third party rights in alternate accommodation appears to be prima- facie premature. 5. However, considering the fact that appropriate reliefs have been asked for in the suit, the ends of justice would be met if the plaintiff is granted liberty to tender an appropriate application seeking appropriate reliefs before the trial Court. The trial Court shall consider such an application, if tendered by the plaintiffs in accordance with law and after giving opportunity of hearing to respondents-original defendants 3 and 4. The order passed in the Notice of Motion No. 248/2010 in S.C. Suit No. 117/2010 is quashed and set aside with liberty to respondents to tender application afresh for seeking appropriate reliefs. No costs. (R.M.BORDE, J)