1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1651 OF 2010 IN FIRST APPEAL NO.165 OF 2003 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders. Mr.N.V.Walawalkar, Senior Counsel i/b Seema Chopda for the applicant. Mr.T.N.Subramaniam, Senior Counsel i/b Daya Gupta for respondent nos.1 to 3. Mr.Vinod Mahadik for BMC. CORAM : D.B.BHOSALE, J. DATED : 18/11/2010 PC: 1. Heard learned counsel for the parties. 2. In this civil application, the applicant has made the following prayer: “I. That pending the hearing of the appeal, Respondents nos.1 to 3 be restrained by an order of injunction from selling, mortgaging or disposing of in any manner whatsoever the area or F.S.I. or shop on the ground floor facing towards S.V. Road of the said newly constructed premises equivalent to the area of Appellant’s original shop and thereby creating any third party right or interest in the said property.” S 2 3. Mr.Subramaniam, learned senior counsel for respondent nos.1 to 3 - original plaintiffs, on instructions, submits that respondent nos.1 to 3 are in possession of shop no.5 on the ground floor admeasuring about 130 sq. ft. (carpet) in the newly constructed building. He further submits that without prejudice to the rights and contentions of respondent nos.1 to 3, he has instructions to make a statement that respondent nos.1 to 3 will not create any third party rights in the shop (shop no.5) and/or part with possession thereof without permission of this court pending the hearing and final disposal of the appeal. His statement is recorded and accepted. In view of the statement made by Mr.Subramaniam this civil application is disposed of. (D.B.BHOSALE, J.)