1 caf3120­11 rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURSIDICTION CIVIL APPLICATION NO. 3120 OF 2011 IN FIRST APPEAL NO. 1207 OF 2006 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. ..... Mr. I. M. Khairdi for the applicants. ..... CORAM : A.S.OKA, J. DATE : SEPTEMBER 16, 2011. P.C.: Heard the learned counsel appearing for the applicants. Appeal has been admitted for final hearing. Appellants are defendants. The impugned decree has been passed in favour of the first respondent for partition and separate possession of the suit property. The prayer in the application is that the first respondent shall be restrained from making any construction on municipal house No.121 more particularly described in prayer clause (b) of this application. The learned counsel appearing for the applicants 2 caf3120­11 has tendered the affidavit of service of private notice of the first respondent. 2. It is obvious that even the first respondent carries out construction, the same shall be subject to further orders which may be passed in the Appeal. Moreover, such action of construction of structure will not create any equity in favour of the first respondent. No case for grant of interim relief is made out. Subject to what is observed above, the application is accordingly rejected. (A.S.OKA, J.)