1 IN THE COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.324 OF 2008 IN SECOND APPEAL NO.598 OF 1999 Banubai Baburao Saste (Since deceased through her LR's) Yashwant Baburao Saste & Ors. ..Appellants V/s. Narayan Ganpati Saste (Since deceased through his LR's) Sahebrao Narayan Saste & Ors. ..Respondents Ms.Neela Helekar for the Appellants/Applicants. Mr.Jaydeep Deo for the Respondents. CORAM : R.M.SAVANT, J. DATED : AUGUST 22ND, 2008. P.C. By the above Civil Application, the applicant prays for limited relief to that effect that no third party interest be created in respect of the suit property. 2 2. The Appellants are the Respondents in the above Second Appeal which has been filed by the Respondents in above Civil Application impugning the Judgment and decree passed by the Lower Appellate Court whereby the suit filed by the present Appellants was decreed and they were held entitled to their share in the joint family property. 3. The above Second Appeal has been admitted and on the Civil Application No.9566 of 1999 filed for stay the following order : “Rule. Proceedings for partition may go on. However, delivery of possession after partition shall remain stayed.” 4. Apprehending that the Respondents herein pursuant to the said ad interim order would create 3 third party interest that the present Civil Application has been filed. On behalf of the Respondents in the present Civil Application, it is contended that the Appellant may at the highest may have a right in respect of their share in the property concerned and therefore a blanket order restraining the Respondents herein from creating third party interest need not be passed. 5. In my view, considering the order passed on the earlier Civil Application NO.9566 of 1999, and considering that there is an ad interim order operating in the above Civil Application, the same needs to be confirmed and is accordingly confirmed. Resultantly, the present Civil Application is made absolute in terms of prayer clauses “a” and “b”. 6. The Civil Application is, accordingly, disposed of. 4 7. However, it is clarified that the Respondents herein would be at liberty to file an application for creating third party interest in respect of their share, in the evemt the shares of the respective parties are so identified pursuant to the proceedings for partition, though not actually handed over to the respective parties. [R.M.SAVANT, J.]