: 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.17 OF 2010 Raghunath Bhaga Gavhankar & Ors. ... Appellants V/s. Vandana Chandrakant Gavhankar & Ors. ... Respondents Ms.Gauri Godse for Appellant Mr.Rajesh Patil for Resp. Nos.1 to 9 Mr.Pramod Patil for Respondent Nos.10 to 13 CORAM: SMT.NISHITA MHATRE, J. DATED: FEBRUARY 3, 2010 P.C.: 1. The appeal has been preferred against the trial Court’s order refusing interim relief to the appellants. The appellants claim that they have an equal right in the suit property which has been dealt with without their consent by defendant Nos.1 to 9. The appellants therefore filed a partition suit in which they sought an injunction against the defendants. Defendant Nos.1 to 9 have it appears sold the property to defendant Nos.10 to 13. 2. The appellants claim that the name of their predecessor in title Bhaga was included in the record of rights alongwith the names of predecessor of defendant Nos.1 to 9. It is submitted that after the death of their predecessor in title they sought inclusion of their own names in the record of rights. While doing so, the name of : 2 : Bhaga has been omitted as a result of which the names of the appellants have not been included in the record of rights. Admittedly Bhaga was alive when the entry was made in 2001, including the names of the defendant Nos.1 to 9 in the record of rights. She had taken no objection to the inclusion of their names and in these circumstances, in my opinion, there is no need to grant an injunction against the defendants at this stage. 3. However, in the event the defendants change the nature of the land by constructing a building or otherwise that construction will be subject to the result in the suit. If the defendants create any third party rights in the property the agreement that they may enter into with the third parties shall contain a clause that the agreement would be subject to the result of the present suit. 4. Appeal from order is disposed of. 5. In view of the disposal of the appeal from order, nothing remains in Civil application No.24 of 2010 and the same is disposed of accordingly.