1 HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION. CIVIL APPLICATION NO.1889/2008 IN SECOND APPEAL NO.133/2003 Shripatrao Marutirao Indalkar and another. ..Applicants -VERSUS- Marutirao Bavali Indalkar and others. ..Respondents ......... Mr.P.B.Shah, Advocate for the applicants. Mr.R.S.Khadapkar, Advocate i/b R.G.Ketkar, Advocate for the respondents. .......... CORAM : A.P.DESHPANDE, J. DATED : 17TH FEBRUARY, 2009. P.C. : 1. The present application is filed by the original respondents/plaintiffs. The applicants/plaintiffs filed a suit for partition and separate possession against the appellants. The suit was dismissed. However, the applicants/plaintiffs succeeded in the first appeal and the judgment and decree for partition and separate possession came to be passed in favour of the applicants. This is the decree which is challenged in this Second Appeal. 2. The grievance made in the present application is that the 2 appellants have disposed of portion of the suit property after the decision of the first appeal and even during the pendency of the Second Appeal one of the suit property has been sold under the registered sale deed dated 18.09.2007, the copy of which has been placed on record at page No.23 of the Civil Application. 3. The fact that the appellants have disposed of the properties is not disputed. As the present applicants have succeeded in the First Appeal and as there is a decree for partition and possession in their favour. Obviously, undue hardship and inconvenience would be caused to the applicants in the event third party interest is created and if the appellants continue to dispose of the property. In that view of the matter, prayer is made to restrain the appellants from alienating the suit property and/or from creating third party interest therein by suitably modifying the order dated 13.04.2004. 4. In the result, modifying the order dated 13.04.2004 I direct that the appellants shall not alienate the suit property and/or create third party interest therein during the pendency of the Second Appeal. The application is disposed of. JUDGE