1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1493 OF 2008 IN FIRST APPEAL NO. OF 2008 George Marian Mendonca & Anr. .. Applicants V/s. Kamlesh Amrutlal Thakkar .. Respondent Mr.P.M.Arjunwadkar for the Appellants/Applicants. Mr.Mahendra Agrekar for the Respondent. CORAM : R.M.SAVANT, J. DATED : 22ND SEPTEMBER, 2008. P.C. By the above Civil Application, the Applicants/Appellants prays for stay of the Judgment and decree dated 20th February, 2008 passed in Special Civil Suit No.480 of 2007(Old Special Civil Suit No.70 of 2006). The decree is one for 2 possession of the suit premises and for damages of Rs.2,41,575/-. The Trial Court has held that the Respondent therein has became owner by adverse possession. 2. In the above Civil Application an ad- interim order came to be passed on 26th March, 2008 by which the Respondent was restrained from creating any third party interest in respect of the suit property and for parting with possession of the suit property in favour of any third party. The Respondent herein has filed an affidavit in reply in the above Civil Application wherein it has been stated thus : “ I am carrying on the business in the suit premises on which I am depending and therefore there is no question of the imminent threat of creating third party rights and interest. I deny that the Applicants have any prima-facie case made out in respect of the ad-interim relief of injunction against me, and that the apprehensions are totally baseless and therefore the said application deserves to 3 be dismissed with costs.” 3. Considering the nature of the decree passed as also considering the statement made by the Respondent, in my view, the ad-interim relief granted by order dated 26th March, 2008 is required to be confirmed and is, accordingly, confirmed. The Civil Application is, accordingly, made absolute in terms of the said ad-interim order dated 26th March, 2008. 4. The Civil Application is, accordingly, disposed of. [R.M.SAVANT, J.] 4