-1- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION FARAD FARAD FARAD CONTINUNATION SHEET CONTINUNATION SHEET CONTINUNATION SHEET CIVIL CIVIL CIVIL APPLICATION NO.4445 OF 2008 APPLICATION NO.4445 OF 2008 APPLICATION NO.4445 OF 2008 IN IN IN FIRST FIRST FIRST APPEAL NO.256 OF 1999 APPEAL NO.256 OF 1999 APPEAL NO.256 OF 1999 ............................................................. ............................................................. ............................................................. Office Notes,Office Office Notes,Office Office Notes,Office memorandum of Coram, memorandum of Coram, memorandum of Coram, appearances,Court’s appearances,Court’s appearances,Court’s Court’s Court’s Court’s or or or orders or directions orders or directions orders or directions Judge’s Judge’s Judge’s orders orders orders & Registrar’s orders. & Registrar’s orders. & Registrar’s orders. ............................................................. ............................................................. ............................................................. Mr. Vipin R. Kasle i/by M/s. Ram & Co. for the applicant Mr. Sarang Aradhye for respondent No.1 CORAM: CORAM: CORAM: K.K. TATED, J. K.K. TATED, J. K.K. TATED, J. DATE DATE DATE : 14TH OCTOBER, 2008. : 14TH OCTOBER, 2008. : 14TH OCTOBER, 2008. P.C.: P.C.: P.C.: 1. The applicant-original plaintiff has filed the present Civil Application seeking injunction restraining Respondents from creating third party rights in the suit property. Prayer clause (a) of the Civil Application reads as under:- "(a) That pending the hearing and final disposal of the above Appeal, the Respondents/Appellants, their agents and servants be restrained by an order and injunction of this Hon’ble Court from dealing with, disposing of, alienating and/or creating any third party rights, and/or parting with possession of the suit property, namely bearing plot No.16, Survey No.613, Hissa No.1+2, admeasuring 3233.79 Sq.Ft. situated at Guru Ganesh Society, Pune. -2- 2. On last occasion, the matter was on board on 7th October, 2008 and at that time the matter was adjourned by one week as a last chance. There is no reply filed by the Respondent in the present Civil Application. It is the case of the Applicant that Respondents are creating third party right and interest in respect of suit premises. The Applicant, as per order passed by the Trial Court, deposited a sum of Rs.2,35,650/- in the Trial Court. 3. Considering these facts, Civil Application is made absolute in terms of prayer clause (a). 4. The Civil Application is disposed of. (K.K. (K.K. (K.K. Tated, J) Tated, J) Tated, J)