1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION APPEAL FROM ORDER NO. 1233 OF 2009 Mrs. Rashmi Sachin Vichare. ... Appellant. V/s. M/s. Sheth Developers. ... Respondents. Mr. R.A. Thorat with Mr. J.M.Patil for the Appellant. Mr. Manoj Bhatt for the Respondents . CORAM : S.C. DHARMADHIKARI,J. DATED : 5th APRIL 2010. P.C. :- Mr. Bhatt, learned Advocate appears on behalf of the Respondents and states that he has been instructed by the Respondents/Original Defendants to make a statement that the Respondents/Original Defendants shall not create any third party rights nor part with possession of the suit premises until the Suit in question, namely, Special Civil Suit No.275 of 2009, which is pending on the file of the Civil Judge Senior Division, Thane is disposed off. 2. In he light of this statement, which is accepted as an undertaking to this Court, the interest of parties is sufficiently protected. The apprehension of the Plaintiffs, Appellants before me that the suit property will not be preserved and protected is taken care of by this undertaking. 2 3. In the light of this statement and undertaking as above, the Appeal from Order is disposed off in terms thereof. 4. The Civil Application would not survive in the light of the disposal of the same. (S.C. DHARMADHIKARI,J.)