: 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.321 OF 2003 Smita Nitin Kannamwar ... Appellant V/s. Umadevi yashwantrao Gawane & Ors. ... Respondents Mr.A.G. Damle for Appellant None for Respondent CORAM: SMT.NISHITA MHATRE, J. DATED: JANUARY 25, 2010 JUDGMENT: 1. The appeal has been preferred against the order dated 25.2.2003 passed by the trial Court. The main grievance of the appellant is that although Defendant Nos.3 to 5 have been directed not to sell the property as described in para 1f of the plaint, no order was passed restraining them from selling, mortgaging, creating third party interest, etc. in the property. 2. Mr.Damle, appearing for the appellant, points out that a specific statement was made in reply to the application filed by the plaintiff by respondent Nos.3 to 5 in which they stated that the suit property was to be mortgaged by the respondents to the Central Bank. : 2 : 3. While admitting the appeal from order in 2003, this Court passed an order restraining the respondents pending further orders in the appeal from order from selling, mortgaging and/or creating any third party interest in the property situated at CTS No.1439 at Sangli to any third party or financial institution. This order has been in operation from the year 2003. Mr.Damle points out that the the suit is still pending. 4. In my view, since the aforesaid interim order in the appeal has been pending from 2003 onwards, it would be appropriate to continue the same during the pendency of the trial. No application has been made by the respondents to vacate the interim order which was passed. 5. In these circumstances, the appeal from order is disposed of by continuing the interim order passed on 29.7.2003 by this Court, pending the trial. 6. In view of the disposal of the appeal from order, nothing remains in Civil application No.474 of 2003 and the same is disposed of accordingly.