- 1 - rng IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE CIVIL APPLICATION NO.1880 OF 2009 in FIRST APPEAL NO.614 OF 2009 Gautamkumar Genmalji Bhansali & ors ..Applicants vs Shivaji Motiram Mate & ors ..Respondents .. Mr.P.S.Dani i.b Mr.S.P.Shinde for Applicants Mr.Amit Shirsath i.b Mr.G.R.Agarwal for Respondents CORAM: P.B.MAJMUDAR AND R.V.MORE,JJ DATED: 4th September,2009 P.C. 1. Though the appeal is already admitted, it is pointed out that the concerned Stenographer has failed to transcribe the same. Accordingly, today, we take up the appeal for admission. 2. Mr.Shirsath, learned counsel for the respondents has submitted that his client has already filed an undertaking to the effect that respondent nos. 1 to 9 shall not create third party interest in any manner in the above mentioned suit without the leave of the Court. The respondents are accordingly restrained from creating third party rights during pendency of the appeal. In the meanwhile, respondent nos. 1 to 9 may continue with - 2 - the construction. If such construction is made, it will be subject to the result of the appeal and no equities shall be created by the parties in any manner. Civil Application is disposed of. R.V.More, J P.B.Majmudar, J - 3 -