: 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.209 OF 2009 Sudam Damodhar Malve & Ors. ... Appellants V/s. Dilip Pralhad Malve & Ors. ... Respondents Mr.P.N. Joshi for Appellants Mr.S.S. Kulkarni for Respondent Nos.1 to 8 CORAM: SMT.NISHITA MHATRE, J. DATED: JANUARY 19, 2010 P.C.: 1. The appeal from order has been preferred against the order passed on 30.12.2008 by the Civil Judge, Senior Division, Niphad. By this order, defendant Nos.1 to 5 have been temporarily restrained from alienating or transferring the suit property till final disposal of the suit. 2. The learned advocate for the appellants submits that certain properties have already been alienated and third party rights have been created. He submits that the suit has been filed in 2008 and the defendants have been dealing with the properties on the basis of a partition which was accepted by the predecessor of the respondent. He further submits that in this situation, the Court ought not to have granted the relief that it has to the defendants. : 2 : 3. In my opinion, there is no need to interfere with the impugned order since the Court has observed that there is an admission on the part of defendant No.1 which has been recorded in earlier suits that no partition has been effected with respect to the suit properties. In these circumstances, the impugned order must be confirmed. 4. Appeal from Order is accordingly rejected.