1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.91 OF 2008 IN SECOND APPEAL NO.45 OF 2008 Smt.Kulsum Fattu Warunkar & Ors. .. Appellants V/s. Mr.Ismail Noormohamad warunkar ..Respondents Mr.V.B.Tapkir for the Appellants/Applicants. Mr.V.V.Salunkhe i/b.Mr.P.B.Shah for the Respondent. CORAM : R.M.SAVANT, J. DATED : 5TH SEPTEMBER, 2008. P.C. The suit for a decree of possession filed by the Applicants above named was allowed by the Trial Court. However, the decree passed by the Trial Court for possession has been set aside by 2 the Lower Appellate Court. 2. By the above Civil Application, the Applicant prays for the following reliefs : “ b) During the pendency of the above said Second Appeal, this Hon'ble Court be please to grant injunction against the Respondent not to create any third party interest or not to damage the suit property and directed to the Respondent to deposit the monthly occupation charges to the Applicant as may be decided by this Hob'ble Court, without prejudice to the right of the Applicant.” 3. The above Second Appeal has been admitted and in the above Civil Application, an ad-interim order came to be passed on 23rd April, 2008, by which the Respondent was directed not to create any third party rights or part with possession of the suit premises or any part thereof until further orders. 3 4. Considering the fact that the decree passed for possession in favour of the Applicant has been set aside, the ad-interim relief which is granted by order dated 23rd April, 2008, in my view, is required to be confirmed. The Civil Application is therefore allowed in terms the order dated 23rd April, 2008. 5. The Civil Application is, accordingly, disposed of. [R.M.SAVANT, J.]