:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE CIVIL APPLICATION NO.1664 OF 2008 CIVIL APPLICATION NO.1664 OF 2008 CIVIL APPLICATION NO.1664 OF 2008 IN IN IN FIRST APPEAL NO.622 OF 2008 FIRST APPEAL NO.622 OF 2008 FIRST APPEAL NO.622 OF 2008 Jatinderpal Singh Hundal ...Applicant. v. Jaspal Singh Partap Singh Kohli & Ors. ...Respondents. Mr.R.V.Govilkar i/by Mr.H.T.Pawar , advs. for the Applicant. Mr.J.S.Kohli, respondent no.1 in person. Mr.Peter Lobo , adv. for the Respondent No.2. CORAM: CORAM: CORAM: J.H.BHATIA,J. J.H.BHATIA,J. J.H.BHATIA,J. DATE: 21st July, 2008. DATE: 21st July, 2008. DATE: 21st July, 2008. P.C. P.C. P.C. 1. Mr.Govilkar the learned counsel for the applicant concedes that this Court may pass the order on the civil application without assigning any reasons. Perused the affidavits of the parties and the final order passed by the trial Court. While dismissing the suit filed by the plaintiff, the trial Court had directed the court receiver to hand over the possession of the property to the defendants. I do not see any reason to stay that order. Therefore, the civil application stands rejected. However, the defendants shall file undertaking before this Court in writing within two weeks from this day that they shall not create any third party interest nor they shall part with the possession of the suit property. However, they :2: shall be at liberty to use the property as desired pending the appeal. Defendants/respondents shall be at liberty to get the share certificates standing in the name of their father Partap Singh Kohli, in their own name or in the name of nominee of their father in accordance with the provisions of law. 2. Civil Application stands disposed off. (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)