ca544-09.sxw 1 spb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 544 OF 2009 IN SECOND APPEAL NO. 432 OF 2005 Siraj Bismilla Tamboli ... Applicant. V/s. Hakinbhai Chand Shaikh & Ors. ... Respondents. --- Mr. Anilkumar Patil for the Applicant/Appellant. Mr. Hardas for Respondent Nos. 1 to 3(d). Mr. Kishor N. Patil for the Respondent Nos. 4 and 5. ..... CORAM:- GIRISH GODBOLE, J. DATED :- 19th SEPTEMBER, 2011. P.C. : 1. Not on Board. Taken on Board. Heard by consent of the Advocate for the Applicant and Respondents in that Civil Application. By a separate order passed today, Civil Application No. 1104 of 2010 has been disposed off by me. Prayer (a) of this Civil Application has already been granted by order dated 11th September, 2009. However, a formal amendment for adding Respondent Nos. 4 and 5 herein as Respondent Nos. 2 and 3 in Second Appeal No. 432 of 2005 has not been carried out. Mr. Anilkumar Patil agrees to carry out said amendment in the title forthwith. Mr. ca544-09.sxw 2 Kishor Patil has already appeared for the said added Respondents and his Vakalatnama filed in the Civil Application No. 1104 of 2010 which is already on record should be treated as Vakalatnama in the Second Appeal. 2 For the reasons already recorded while disposing off the C.A. NO. 1104/2010, subject to the right of the Applicant to file appropriate Civil Application as indicted therein and the orders which may be passed in such Application, this Civil Application is disposed off by restraining the Respondent Nos.4 and 5 herein who are now added as Respondent Nos. 2 and 3 in the Second Appeal, from parting with possession, alienating, creating any third party rights or interest in respect of or encumbering, mortgaging or in any manner transferring the suit property, namely, 1 Hector, 61 Ares out of Gat Nos. 336 and 336/2 at village Chougaon, Tal. Balgan, Dist. Nasik until further orders. The Respondent Nos. 2 and 3 will also not enter into any oral or written agreement of whatsoever nature in respect of the suit property and that they will not change the nature of the property nor will they claim any equities of whatsoever nature on the basis of the Sale Deeds executed in their favour. [GIRISH GODBOLE, J.]