1 24 caf.2270.11 ndm FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2270 OF 2011 IN FIRST APPEAL NO. 1219 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. Vijay Waghela for the Applicant. Mr. Sahil Mahajan for Respondent Nos.1 and 2. Mr. Sandeep Parikh with Mr. H.J.Engineer for Respondent Nos.3 and 4. CORAM : A.S.OKA, J. DATE : 12 th August, 2011. P.C. . Heard the learned counsel appearing for the Applicant and the learned counsel appearing for Respondent Nos.1 and 2. The application is opposed by the learned counsel appearing for Respondent Nos. 1 and 2 as well as the learned counsel appearing for Respondent Nos.3 and 4. 2 Respondent Nos.1 and 2 are the original plaintiffs. The case of the plaintiffs was that they have 2 24 caf.2270.11 become owners of the suit property on the basis of the family arrangement between them and the defendant No.3. The defendant No.3 is the Applicant/Appellant. Issue No.5 was framed on the basis of the said contention of the original plaintiffs. However, the trial Court has not decided the said issue, but has passed a decree for possession in favour of the plaintiffs. On the basis of the decree for possession, now the plaintiffs have been put in possession of the suit property. Therefore, an interim relief deserves to be granted restraining the plaintiffs (Respondent Nos.1 and 2) from creating any third party rights and from parting with possession of the suit property without prior permission of this Court. 3 The other reliefs claimed in this application are of drastic nature. The said reliefs cannot be granted in this Appeal at this stage. The trial Court has already permitted the Applicant to file a substantive proceedings. 4 Hence, the application is disposed of by passing the following order: “Till the final disposal of the appeal, the 3 24 caf.2270.11 Respondent Nos.1 and 2 are restrained from creating any third party rights in respect of the suit property and from parting with possession of the suit property in favour of any third party without prior permission of this Court ; [ A.S.OKA, J ]