1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CIVIL JURISDICTION APPEAL FROM ORDER NO.458 OF 2009 WITH CIVIL APPLICATION NO.552 OF 2009 Deepak S. Pawar ...Appellant. v. Sou. Kumodini C. Gaikwad & Ors. ...Respondents. Mr. Umesh Mankapure i/by A.M.Kulkarni, advs. For the Appellant. Mr.V.V.Purwant, adv. For the Respondent No.1. CORAM : J.H. BHATIA, J. DATED : APRIL 20, 2010 P.C. 1 Heard the learned counsel for the Parties. Respondent No.1 is the original plaintiff and she filed suit for partition and separate possession of her share in the joint family property against her brother, who is defendant no.1/appellant and three sisters . She also sought interim injunction restraining the defendant no.1 from disposing of or creating any third party interest in the suit property. By the order dated 7.3.2009 below Exhibit 13, the trial Court restrained the defendant no.1 from alienating suit property and creating third party interest. However, the defendant no.1 was given liberty to mortgage the property to the extent of half share and raise loan if required. That order is challenged in the present appeal. 2 2 Admittedly, there was joint family and joint family property. Father of the parties died sometimes in 2003 and, therefore, plaintiff being daughter is entitled to share in the property. There is dispute as to whether any partition in the form of family arrangement had taken place on 1st September, 1993. Genuineness of the document dated 1st September, 1993, which is relied upon by the defendant no.1, is in dispute. In view of these circumstances, after some discussion at the bar, the learned counsel for the parties agree that impugned order may be maintained subject to further direction that if the defendant no.1 is required to create any third party interest, he shall obtain necessary permission from the trial Court, who shall pass appropriate order after hearing all the concerned parties. 3 Therefore, the Appeal stands disposed off with the direction that the defendant no.1 shall not create any third party interest in the suit property without obtaining prior permission of the trial Court and if such application is moved, the trial Court shall hear all the concerned parties before passing the appropriate order. 3 4 As the appeal itself is disposed off, civil application does not survive and stands disposed off accordingly. (J.H. BHATIA,J.)