:1: 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. 1766 OF 2008 APPLICATION NO. 1766 OF 2008 APPLICATION NO. 1766 OF 2008 IN IN IN FIRST FIRST FIRST APPEAL NO. 663 OF 2008 APPEAL NO. 663 OF 2008 APPEAL NO. 663 OF 2008 WITH WITH WITH CIVIL CIVIL CIVIL APPLICATION NO. 1767 OF 2008 APPLICATION NO. 1767 OF 2008 APPLICATION NO. 1767 OF 2008 IN IN IN FIRST FIRST FIRST APPEAL NO. 664 OF 2008 APPEAL NO. 664 OF 2008 APPEAL NO. 664 OF 2008 Smt. Ishwari H. Kathuria & Anr. ... Applicants. V/s. Smt. Jyoti Jethanand Kathuria & Anr. ... Respondents. Mr. S.D. Patil for the Applicants. Mr. V.T. Lulia for the Respondents. ..... CORAM CORAM CORAM : J.H. BHATIA, J. : J.H. BHATIA, J. : J.H. BHATIA, J. DATE DATE DATE : 23RD SEPTEMBER 2008. : 23RD SEPTEMBER 2008. : 23RD SEPTEMBER 2008. P.C. P.C. P.C. : : : . Heard the learned Counsel for both the parties. 2. The Appeals are admitted. Appellant No.1 claims to be legally wedded wife of Jethanand and Appellant No.2 is the daughter of Appellant No.1 and deceased Jethanand. Respondent No.1 also claims to be lawfully wedded wife of deceased Jethanand. In the proceedings for heirship certificate, the Court below found that the Respondent is lawfully wedded wife of deceased Jethanand and the Appellant No.1 could not prove her marriage. There is no material on record to show that the Appellant No.2 is daughter of the deceased Jethanand. :2: 3. In these circumstances, stay to the Judgment and Order passed by the Trial Court cannot be granted. However, as appeals are admitted, the Respondent shall not creat any third party interest in the property left behind by deceased Jethanand. 4. Both the Civil Applications are disposed of accordingly. (J.H. (J.H. (J.H. BHATIA,J.) BHATIA,J.) BHATIA,J.)