: 1 : USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1904 OF 2009 IN FIRST APPEAL NO.319 OF 2008 Bhagawat Balbhim Ghalke .. Applicant V/s. Pandurang Vinayak Devkar & Ors. .. Respondents ..... Mr. Bodke for the applicant Mr. A.M. Kulkarni for the respondents ..... CORAM : R.Y. GANOO, J. DATE : 14TH JULY, 2009. P.C. : 1. Rule and interim stay in terms of prayer clause (a). 1. Heard learned advocates on both sides. The suit was instituted for specific performance of the agreement in question and for possession. The first appeal is admitted. Hence, during the pendency of the : 2 : first appeal, no new rights should be created. Hence, it is necessary to pass orders so as to restrain the respondents from creating third party rights or part with possession. Hence, the order. ORDER . Civil Application is made absolute in terms of prayer clause (a). . There shall be no order as to costs. (R.Y. Ganoo, J.)