1 CAF 2065 OF 2009 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2065 OF 2009 IN FIRST APPEAL NO.724 OF 2009 Yogesh Shah .. Applicant -versus Pannalal Oswal .. Respondent. Mr. I.R. Kulkarni i/b ALMT Lega, for the applicant. Mr. Rohan R. Paw3askar h/f Shri V.S. Jain, for the respondent CORAM: A. S. OKA, J. DATED: 20th April, 2011 P.C. 1. Heard learned counsel appearing for the applicant and learned counsel for respondent No.1. Prayer clause (a) of this application cannot be granted as the suit has been dismissed. In a suit of 1998 filed by the applicant, there was never any interim relief operating in favour of the applicant. In the circumstances prayer clause (b) cannot be granted. It is, however, obvious that if any third party rights are created by the first respondent, in respect of the suit flat during the pendency of appeal, the same will be subject to final outcome of the appeal. Subject to what is observed above, application is rejected. (A. S. OKA, J.)