1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.77 OF 2009 IN NOTICE OF MOTION NO.3414 OF 2008 IN SUIT NO.2819 OF 2007 Mrs.Reshma V. Rawool & Ors. ..Appellants. Versus Dattatray Chandrakaant Hadpadkar & Ors. ..Respondents. Mr.S.P. Kanuga i/b. Mr.M.K. Banatwala for the Appellants. Mr.Neelesh Musale for Respondent no.1. Mr.Harihar Bhave i/b. M/s. Bhave & Co. for Respondent no.2. Ms.Zohra Shaikh i/b.Lambay & Co. for Respondent no.6. CORAM : B.H. MARLAPALLE AND S.J. VAZIFDAR, JJ. DATED : 23RD JUNE, 2009 P.C. :- We have heard Mr.Kanuga, the learned counsel for the Appellants/Original Plaintiffs and perused the impugned order passed in Notice of Motion No.3414 of 2008, thereby rejecting the prayer for injunction made by the Plaintiffs. 2. The impugned order records that the subject building is ready and flats have been handed over to the respective parties. Defendant no.1, who is the brother of the Plaintiffs, is already in 2 possession of one flat in the same building. 3. The interest of the Plaintiffs in individual/combined share, if any, could be protected if Defendant no.1 will not create any third party interest in the said flat. 4. The learned counsel for Defendant no.1 states before us that no third party interest in any manner shall be created in respect of the said flat which is in his possession, and without the leave of this Court in Suit No.2819 of 2007. 5. The undertaking is noted. 6. The Appeal is dismissed in terms of the undertaking. (S.J. VAZIFDAR, J.) (B.H. MARLAPALLE, J.)