1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.4014 OF 2009 IN FIRST APPEAL NO.674 OF 2009 M/s Sapana Home Products Pvt.Ltd. Applicant Versus Shivaji Anandrao Kuber Respondent Mr.S.V.Adwant, advocate for the applicant. Mr.A.I.Deshmukh, advocate for Respondent. CORAM: R.M.BORDE, J. DATE : 4 th September, 2009. P.C.: 1 This is an application presented by appellant-original plaintiff seeking issuance of restraint order against defendant – respondent herein prohibiting him from creating third party interest in respect of immovable properties owned and possessed by him (defendant). 2 Suit presented before the trial Court was in respect of recovery of amount of Rs.2,69,232/-. Suit came to be dismissed after proper contest by the trial Court. It has been disclosed that during pendency and disposal of the suit, there was no order passed by the trial 2 Court in respect of attachment before judgment. In this view of the matter, no prohibition can be ordered against defendant thereby restraining him from creating third party interest in respect of immovable properties during pendency of appeal. That, so far as probable decree, that plaintiff hopes to secure in his favour, can be executed at an appropriate time by taking proper steps. At this stage, no interim order would be permissible. 3 Civil Application, therefore, stands rejected. (R.M.BORDE) JUDGE ******* adb/ca401409