1602sa407.09.odt 1/2 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR CAS NO. 816/2009 IN SECOND APPEAL NO. 407 OF 2009 (Marwadi Samashan Hanuman Mandir Vs. Lakhanlal Brijlal Purohit & 2 others) Office Notes, Office Memorandum of Coram appearances, Court's orders of directions & Registrar's orders. Court's or Judges Order Mr. R. L. Khapre, Advocate for the appellant. Mr. A. S. Chandurkar, Advocate for respondents. C ORAM : F. M. REIS, J. DATED : 16th February, 2010. Heard. By order dated 12th January, 2010 the second appeal has been admitted. The appellant prayed that during the pendency of the above appeal, the respondents should be restrained from creating any third party interest in the suit property. The learned Counsel for the appellant states that there was such an injunction granted when the matter was pending before the Courts below. In the facts and circumstances of the case, I find that in case any third party right is created during the pendency of the suit, it will lead to multiplicity of the proceedings and as such, in the interest of justice, it is fit and proper to pass 1602sa407.09.odt 2/2 such an order during the pendency of the above appeal. In the circumstances, the respondents are restrained from creating any third party interest over the suit property until the disposal of the appeal. Liberty is granted to the respondents to file appropriate application for modification of the reliefs in case of any change in circumstances, during the pendency of the appeal. The application is disposed of accordingly. Hearing of the second appeal is expedited. JUDGE wwl