IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO.1860 OF 2007. APPLICATION NO.1860 OF 2007. APPLICATION NO.1860 OF 2007. IN IN IN SECOND SECOND SECOND APPEAL NO.889 OF 2006. APPEAL NO.889 OF 2006. APPEAL NO.889 OF 2006. Rama Sakharam Kale ...Applicant. Versus. Shri Laxman Gangaram Divate ...Respondent Ms Jai Mhaskar h/f Shri G.S.Godbole for the Applicant. Shri Rahul Motkari for the Respondent Nos.1 and 2. CORAM CORAM CORAM : ABHAY S.OKA, J. : ABHAY S.OKA, J. : ABHAY S.OKA, J. DATE DATE DATE : 29th February, 2008. : 29th February, 2008. : 29th February, 2008. P.C.: P.C.: P.C.: 1. Heard advocate appearing or the applicant and advocate for the first and second respondents. I have perused the affidavit-in-reply filed by the first respondent which records that some of the properties have been alienated during the pendency of the proceedings in the courts below. 2. Second Appeal for challenging decree for partition and separate possession has been admitted. 3. Hence, Civil Application is disposed of by passing the following order: (i) Partition proceedings will go on. However, actual physical partition by metes and bounds shall not be effected till the disposal of the Second Appeal. : 2 : 2 : 2 : (ii) The respondent Nos.1 and 2 are hereby restrained from creating any further third party interests in respect of the properties referred to in prayer clause (b) of this application till the disposal of the Second Appeal. (iii) There will be no order as to costs. Judge. Judge. Judge.