1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD 59. CA/13389/2009 In AO/35/2009 WITH FA/148/2010 WITH CA/13390/2009 In AO/35/2009 -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. R.S.Deshmukh, Adv., h/f Mr. P.S.Pawar, Adv., for the applicant. Mr. S.P.Deshmukh, Adv., h/f respondent nos. 1 (A to I) and 2(1 to 9). ... CORAM: K.U.CHANDIWAL, J. DATE:18-2-2010 P.C.:- 1. Mr.S.P.Deshmukh, Counsel, has filed affidavit for respondent no. 1-E. Copy received by Mr. Rajendra Deshmukh, Counsel. 2. Heard both the Counsel in A.O.No.35/2009. By order dt. 12.8.2009, this Court ( Coram: P.R.Borkar, J.), in clause (3) restrained the respondents from transferring, alienating, creating 2 third party interests in the suit properties pending the Regular Civil Appeal No.83 of 2001 in the District Court, Beed. 3. By present application, a request is made to modify the order to the extent of clause (3) (referred above), restraining the applicant from creating third party interest. 4. In paragraph no.9 of the application, the applicant No.1 Baburao s/o Eknathrao Zanzan and applicant No.2 Sambhaji s/o Shivajirao Zanzan have stated as under: "The applicants submit that, due to the above facts and circumstances it is in the interest of justice to modify the order dtd. 12.8.2008 to the extent of creating third party interest. The applicants submit that, the applicant will abide by the undertaking that he will not transfer or alienate the suit property and will not obstruct the execution of the 3 decree passed in appeal in favour of either or (of) the parties. The applicants submit that the applicant has good case and the balance of connivance ( convenience) lies in favour of the applicant for modification of the order to the extent of creating third party interests." 5. Considering the averments in paragraph no.9 which is tantamount to an undertaking being on verification and affidavit, I do not see that the interest of the appellant in A.O.No.35/2009 will be subject to any prejudice or adverse impact. 6. Needless to add, the creation of third party interests by the present applicants will be subject to outcome of the appeal RCA No. 83/2001. Application (13389/2009) allowed to the above extent. Hamdast allowed. (K.U.CHANDIWAL) JUDGE agp/13389-09ca