1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 1254 OF 2009 IN SECOND APPEAL NO. 528 OF 2001 Bismillabi W/o Aziz @ Babulal Shaikh .. Applicant Versus 1. Umerkhan S/o Sardarkhan Pathan and others .. Respondents Shri Vivek Dhage, Advocate for the Applicant. Shri P. G. Godhamgaonkar, Advocate for Respondent No. 1. CORAM : N. D. DESHPANDE, J. DATE : 17TH NOVEMBER, 2009. ORAL ORDER : 1. Heard Shri Dhage, the learned counsel for the applicant/appellant and Shri Godhamgaonkar, the learned counsel for the respondent No. 1. Today the present application is for interim relief precisely for continuation of earlier relief granted against the opposite party for not to create third party interest in the subject matter of the suit. It is the apprehension that, earlier the appeal was dismissed in default and said order is recalled and now the appeal is for final hearing. The appeal is admitted by this Court. The suit is for partition and separate possession which 2 primely concerned with the members of the family and the matter is most urgent for deciding their rights regarding to their alleged joint family property. As such, both the parties agreed that, they would be prepared on next date for final hearing without any commitment as regards to creation of third party or in further transfer or alienation of the property. Considering their request second appeal be fixed for final hearing in the next week. In that view of the matter the civil application is disposed of. [ N. D. DESHPANDE, J.] bsb/Nov.09