1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR APPEAL AGAINST ORDER NO. 158 OF 2007 (Prabhakar Pundalik Satpute vs. Prakash Pundalik Satpute & Ors. ) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. SEPTEMBER 10, 2008. Heard Shri Khajanchi, Advocate for the appellant / original plaintiff and Shri Kolte, Advocate for the respondents / original defendants. The appellant, claiming himself to be son of Pundalik, filed Civil Suit and in that suit for partition and separate possession, he moved an application to restrain present respondents from creating any third party interest in land Survey No. 445 admeasuring 2 Hectares 80 R, situated at village – Vinjasan. The said application is rejected by the trial Court after observing that relation of appellant with the deceased Pundalik is seriously in dispute and is subject matter of some other litigation. Shri Khajanchi, Advocate points out that the observation is perverse because enquiry into the status of present appellant as legal heir was ordered under Order 22, Rule 5 of Civil Procedure Code by the appellate Court in some other matter. He 2 further states that issue needs to be gone into present litigation only. Shri Kolte, Advocate seriously disputes this. He states that prima facie, there is already a judicial finding that Prabhakar is not son of Pundalik. He states that in any case share of Prabhakar will not be more than 1/5th. He, therefore, opposes grant of any interim order. However, considering the facts and the nature of litigation, I find it proper that the parties do not create any third party interest in said survey No.445 during the pendency of Special Civil Suit No. 113 of 2006 . If any occasion therefor is arises, the respondents are at liberty to move an application before the trial Court and seek orders before entering into any such transaction. Special Civil Suit No. 113 of 2006 is expedited and the Court below is directed to decide the said suit as early as possible and in any case by 31.12.2009. In view of the directions above, nothing survives in this Appeal against Orders. The same is accordingly disposed of. JUDGE *GS.