vsa 1 CAS1162_2009 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1162 OF 2009 IN SECOND APPEAL NO. 249 OF 2009 Shri Malhari Pandurang Madne & Ors. ).. Applicants Versus Krishna Devba Lohar -Deceased LRS. Smt. Indira Kisan @ Krishan Lohar & Ors. ).. Respondents Mr. Dilip Bodake, Advocate for the Applicants. Mr. V.S. Talkute, Advocate for the Respondent No. 1(c). CORAM : A.S. OKA, J. DATE : 7th DECEMBER, 2011. P. C. Heard the learned Counsel appearing for the applicants and the learned Counsel appearing for Respondent no. 1(c). The learned Counsel appearing for respondent no. 1(c) opposes the prayer for grant of injunction. 2. It is pointed out that the decree for injunction was passed by the Trial Court and though an application for stay was made in the appeal, the Appellate Court did not grant stay and therefore, the decree for injunction was operative till the disposal of the appeal. On 20th August, 2009 this Court has granted ad-interim relief in terms of prayer clause(a). The same deserves to be continued subject to certain modification. vsa 2 CAS1162_2009 3. Accordingly, Rule is made absolute in terms of prayer clause (a) subject to condition that the Applicants shall not create third party rights in respect of the suit property till the final disposal of the Second appeal. 4. Pendency of the appeal in this Court and grant of interim relief will not come in the way of concerned respondents of filing a suit for appropriate relief. (A.S. OKA, J)