1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD Civil Application No.9832 Of 2009 In Second Appeal No.1563 Of 2005 Radhakisan s/o Babulal Bassaiye died Legal Representatives: Shantabai w/o Radhakisan Bassaiye And Others. ... Applicants. Versus Shankar s/o Jijjarao Magar And Others. ... Respondents. -------- Shri. S.V. Gangapurwala, Advocate for applicants. Shri. Ashish R. Kakade, Advocate for respondent Nos.1 and 2. Shri. Vivek Kulkarni holding for Shri. A.S. Bajaj, Advocate for respondent No.4. -------- CORAM: R.M. BORDE, J. DATE: 22nd JANUARY 2010 PER COURT : 1) The applicants are praying for an order restraining the respondents from 2 alienating the suit property or creating any third party interests in respect of the suit property during pendency and final disposal of the appeal. 2) The contesting respondents have caused appearance and have presented an affidavit-in-reply wherein it is stated that the non applicant Nos.1 and 2 are residing in the suit property along with their family members and neither they are going to alienate, create any third party interest over the suit property nor they intend to change the nature of the property nor they will take an advantage of the order of stay passed in their favour by the High Court. 3) In the light of statement made in paragraph 7 of the affidavit-in-reply tendered by respondent Nos.1 and 2, the instant application needs to be disposed of. 4) The civil application is disposed of accordingly. (R.M. BORDE, J.) rsl/ ca.9832.09