1 ca7173.11 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 7173 OF 2011 IN SECOND APPEAL NO. 1068 OF 2005 (Balasaheb Nathu Mhase & Ors. Vs. Deorao Nathu Mhase Ors.) Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM : A.V. NIRGUDE, J. DATED : 22.06.2011 Mr. Anil Kasliwal (Jain), Advocate for the applicants. Mr. S.S. Shete, Advocate for respondent No.1. 1. Respondent No.1’s advocate on instructions makes statement that though the decree is passed in favour of his client–respondent No.1, he has no intention to alienate or create third party interest in respect of his undivided share in the suit property. In view of this, no order is passed as against respondent No.1. 2. Other respondents are not present and have not filed any reply. They are also similarly placed and since the 2 ca7173.11 decree is passed in their favour also, they can create third party interest in their undivided share. In order to prevent multiplicity of litigation they should be prevented from creating third party interest in respect of their undivided share in the suit property. In addition to this, the appellants are also entitled to stay to the execution of decree. 3. So, the Civil Application is allowed. There shall be order in terms of prayer clauses (B) & (C). 4. Certified copy expedited. [A.V. NIRGUDE, J.] snk/2011/JUN11/ca7173.11