1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD Civil Application No.13137 Of 2008 In Second Appeal No.897 Of 2008 Rahim Ishaik Isani ... Applicant. Versus Shabbir Husain Joybali Bhori And One Another. ... Respondents. -------- Shri. P.R. Katneshwarkar, Advocate for the applicant. Shri. J.R. Shah, Advocate for respondent Nos.1 and 2. -------- CORAM: R.M. BORDE, J. DATE: 27th JANUARY 2010 PER COURT : 1) Heard respective counsel for the parties. 2) The plaintiff / appellant is claiming a restraint order against the respondents / 2 defendants in respect of the suit property. The trial Court has held in favour of the plaintiff whereas, the First Appellate Court has reversed the judgment on the ground that the plaintiff has failed to prove the identity of the property. In para 24 of the judgment the First Appellate Court has recorded that the measurement of the plot as claimed by the plaintiff would come to 25060 square feet that would be equivalent to 23.01 gunthas. The plaintiff in the plaint claims property to the extent of 10 R out of Sy.No.24/4-A and 24/3/1. 3) Considering the arguments advanced by the learned counsel for the appellant and more particularly in respect of failure of the First Appellate Court to appreciate the documents placed on record and especially the sale deed wherein there is a reference of plaintiff's possession in respect of 10R land, the appeal is admitted. However, claim for grant of injunction restraining the defendants from interfering in the possession of the plaintiff's property is concerned, I am of the view that the First Appellate Court, on the basis of appreciation of evidence, has recorded a finding of fact that the plaintiff 3 has failed to demonstrate the exact identity of the property. In these circumstances, the relief claimed by the plaintiff in respect of grant of temporary injunction during continuance of the second appeal cannot be considered. However, the parties to the litigation shall not create third party interests during continuance of the second appeal. The points involved in the appeal are required to be taken up for consideration at the time of disposal of the appeal. In this view of the matter, the parties to the litigation are restrained from creating any third party interests in respect of the subject property during continuance of the litigation. 4) The Civil Application stands disposed of. (R.M. BORDE, J.) rsl/ ca.13137.08