: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.824 OF 2007 WITH CIVIL APPLICATION NO.1182 OF 2007 IN APPEAL FROM ORDER NO.824 OF 2007 Chandrakant N. Taware ....Appellant V/s. Pravin N. Punekar & Ors. ....Respondents Mr.N.V. Walawalkar, Senior Counsel with Mr.Amit Borkar for the Appellant. Mr.S.R. Nargolkar for Respondent Nos.1 to 3. Mr.Y.S. Jahagirdar, Senior Counsel with Mr.Rajesh Datar for Respondent Nos.4 and 5. CORAM : S.J. VAZIFDAR, J. DATED : 23RD APRIL, 2008. P.C. : 1. Admit and heard finally. 2. Admittedly third party rights have been created and further creation of third party rights according to Mr.Walawalkar are sought to be created. Atleast as far back as on 11.2.2001 the Appellant was aware that the third party rights had been created. The third parties have not been joined in the suit. Nor are they joined in the present proceedings. Only : 2 : the office bearers have been joined. 3. Any order that may be passed in this proceeding would affect the alleged rights of the third parties. 4. Mr.Walawalkar submitted that an order dated 26.7.2006 passed by the Government reviewing the order dated 24.8.2004 would make no difference in view of the fact that the order dated 26.7.2006 now virtually grants the property to the Defendants. Even if this submission may not have been taken before the trial Court, it is a question which ought to be allowed to be raised. This aspect has not been considered in the impugned order. 5. If after impleading appropriate parties or adopting any independent proceedings against them, application for ad-interim or interim orders are made, the learned Judge shall decide the same without reference to the impugned order. 6. In the circumstances, the Appeal from Order is disposed of with the above observations. 7. The Civil Application is accordingly : 3 : dismissed.