IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICAITON NO. 136 OF 2009 IN FIRST APPEAL NO. 58 OF 2009. Marutrao Shivram Patil & Anr. ..... ..... ...Applicants. V/s Jaysing Baburao Kadam & Ors. ..... ..... .... ..Respondents. Mr.Uday P. Warunjikar, Adv. for the applicants. Mr.A.A.Kumbhakoni, Sr. Adv. i/by Mr.Abhijit P. Kulkarni, Adv. for the respondents 1 & 2. CORAM: A.P.DESHPANDE AND SMT. R.P. SONDUR-BALDOTA, JJ. 30th March, 2010. PC: By the present application the original plaintiffs whose suit had been dismissed is seeking injunction against the original defendants not to create any third party interest in the suit property. It is undisputed that during pendency of the suit the application moved by the plaintiffs for temporary injunction seeking same relief was rejected. Thereafter on appreciation of evidence the suit had been dismissed. After dismissal of the suit the present appellants cannot be placed in more advantageous position than what they were during pendency of the suit. We have perused the judgment impugned. We are of the view that no relief as is prayed for can be granted in the facts of the present case. Even otherwise no prejudice will be caused to the present appellants on rejection of present application for the reason that whatever third party rights would be created during pendency of this appeal would be hit by principles of lis pendense. In that view of the matter application stands rejected. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICAITON NO. 1194 OF 2010 IN FIRST APPEAL NO. 58 OF 2009. Jaysing Baburao Kadam & Anr...... ..... ...Applicants. V/s Marutrao Shivram Patil & Anr. ..... ..... .... ..Respondents. Mr.A.A.Kumbhakoni, Sr. Adv. i/by Mr.Abhijit P. Kulkarni, Adv. for the applicants. Mr.Uday P. Warunjikar, Adv. for the respondent Nos. 1 & 2. CORAM: A.P.DESHPANDE AND SMT. R.P. SONDUR-BALDOTA, JJ. 30th March, 2010. PC: For the present it is not possible to hear the appeal. Appeal is of year 2009. Hence application for early hearing is rejected. However liberty is granted to the parties to move fresh application after a period of six months. Application stands disposed of. 30.3.2010