1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR APPEAL AGAINST ORDER NO.49 OF 2011. Dilip s/o Rambhau Jadhao Vs. Chandrabhan Gopal Mohd and others .......................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ........................................................................................................................................... Shri Rahul Tajne, Advocate for the Applicant. Shri V.A. Dhabe, Advocate for the Respondents.Shri CORAM : R.K. DESHPANDE, J. DATE : 5th AUGUST, 2011. Shri Dhabe, learned counsel appearing for the respondent has filed the Pursis dated 26.07.2011 stating as under: “The respondents No.3 and 5 hereinabove most humbly submit that, they have purchased the suit land vide Registered Sale Deed Dt. 07.07.2010 and are also in cultivating possession of the same. Prior to that, the respondents/defendants were in cultivating possession. The respondents No.3 & 5 being purchasers/owners undertake that, they will not create third party interest without notice to the Court and plaintiff and if necessary, they will create third party interest with the kind permission of the Trial Court”. .....2/- 2 In view of this there is no reason at this stage, to judge the correctness of the order impugned in this appeal and nothing survives in the appeal against order. It is however, made clear that if the application is filed restraining the defendants from creating any third party interest then the Trial Court shall decide the said application, in accordance with law, without being influenced by any of the observation made in the order impugned. The Appeal Against Order is therefore, dismissed. JUDGE NSN ...../-