IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE APPELLATE APPELLATE SIDE SIDE SIDE CIVIL CIVIL CIVIL APPLICATION NO.601 OF 2005 APPLICATION NO.601 OF 2005 APPLICATION NO.601 OF 2005 IN IN IN SECOND SECOND SECOND APPEAL NO. 1388 OF 2004 APPEAL NO. 1388 OF 2004 APPEAL NO. 1388 OF 2004 ----------------------------------------------------------------- Office notes, office memoranda of Coram, appearances, Court’s Court’s or Judge’s orders. orders or directions and Registrar’s orders. ----------------------------------------------------------------- CORAM CORAM CORAM : ABHAY S.OKA, J. : ABHAY S.OKA, J. : ABHAY S.OKA, J. DATED DATED DATED : 1st April, 2005. : 1st April, 2005. : 1st April, 2005. P.C.: P.C.: P.C.: 1. Rule. The Respondents waives service. 2. The Second Appeal is already admitted for final hearing. The decree is for possession of the alleged encroached portion. The Decree cannot be allowed to be executed till the Second Appeal is heard. 3. Hence the Civil Application is allowed in terms of prayer clause (b) subject to condition that the Applicant shall not create any third party interests and will not part with possession of the suit property in favour of any third party. No order as to costs. Judge. Judge. Judge.