IN THE HIGH COURT OF BOMBAY AT GOA CIVIL APPLICATION NO. 205 OF 2009 IN FIRST APPEAL NO. 192 OF 2009 MRS. ANASUYA SRICRISHNA KENKRE ALIAS ANASUYA SHEILA KENKRE AND 2 ORS., ... Applicants Versus MR. UMAKANT BHALCHANDRA KENKRE (DECEASED) AND 15 ORS., ... Respondents Mr.S.D. Lotlikar,Senior Advocate with Mr. H. Kankonkar, Advocate for the Applicants. Ms.Reshma Kamat, Advocate for Respondent no..3 to 5. Mr. M.S. Sonak, Advocate for Respondent no.2. Coram:- A. S. OKA & F. M. REIS, JJ. Date:- 16th August, 2010 P.C: We have heard the learned Senior Counsel appearing for the applicants and the learned counsel appearing for the respondents. 2. The applicants are the original plaintiffs. The suit for declaration filed by the plaintiffs has been dismissed. However, while dismissing the suit, the findings on the issues no.1,2 and 5 have been recorded in favour of the plaintiffs. One of the grounds on which the suit is dismissed is lack of territorial jurisdiction. 3. It is pointed out that during the pendency of the suit there was a temporary injunction granted if favour of the applicants, restraining the respondents from alienating or from creating any third party rights in respect of the suit properties mentioned in the deed of partition dated 16th December, 1990. 4. The learned Senior Counsel appearing for the applicants submitted that after having succeeded on the three issues being issue nos.1,2 and 5, the applicants are entitled to a wider interim relief, restraining the respondents from carrying out any development work. 5. According to us, the interim relief operating during the pendency of the suit is sufficient to protect the applicants. If the respondents carry out any work of development during the pendency of the appeal, it will be subject to the decree which may be passed in the appeal. Moreover, the respondents will not be entitled to claim any equity on the basis of the development work carried out during the pendency of the appeal. 6. Subject to what is observed above, we dispose of the application by passing the following order: a) The order of interim relief dated 21st June, 2006 passed by the learned trial Judge during the pendency of the suit will continue to operate as interim relief during the pendency of the appeal. b) Hearing of the appeal is expedited. Liberty to the respondents to file Private Paper Books. A. S. OKA, J. F. M. REIS, J. ap/-