ca2159.11 1 FARAD CONTINUATION SHEET NO.__________ IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGBAD. CIVIL APPLICATION NO. 2159 OF 2011 IN FIRST APPEAL NO. 99 OF 2009 Office Notes, Office Memoranda of | Coram, appearances, Court’s orders | Court’s or Judge’s orders or directions and Registrar/s orders | and Registrar’s orders | CORAM : R.M. BORDE, J. DATE : 9 th JUNE, 2011 1 Original plaintiffs / appellants are claiming restraint order against the respondents / defendants restraining them from interfering in peaceful possession of the plaintiffs over the suit property. Plaintiffs / appellants are also claiming restraint order against respondents / defendants from creating third party interest during pendency of the appeal. 2 It cannot be controverted that the suit presented by plaintiffs is dismissed and after dismissal of the suit since the year 2009 till this date, there is no interim order ca2159.11 2 operating in favour of the plaintiffs and against defendants. In this view of the matter, prayer made by plaintiffs seeking restraint order against defendants restraining them from causing interference in their possession is not liable to be granted and stands rejected. However, respondents / defendants shall have to be restrained from creating third party interest during pendency of the appeal. Hence, interim relief in terms of prayer clause 'C'. Civil application stands disposed of. ( R.M. BORDE) JUDGE dyb