1 caf1031 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION CIVIL APPLICATION NO.1031 OF 2011 IN FIRST APPEAL NO.309 OF 2008 M/s.Deepti Air Systems & Fabrications Pvt.Ltd. & Anr. ...Applicants vs. Shanta wd/o P.V.Venkatesh & Anr. ...Respondents Mr.A.A.SIddique for the applicants Mr.Mohankumar K. for the respondent no.1 Mr.A.R.Patil, A.G.P for respondent no.2 CORAM : A.S.OKA,J. DATE : JULY 1, 2011 P.C.: 1 Heard learned counsel for the applicants and the learned counsel for the first respondent. The applicants are the appellants in the First Appeal. By the impugned decree, the Trial Court directed the applicants-original plaintiffs to surrender the possession of the suit premises to the Court Receiver. The Court Receiver was directed to put the first respondent (first defendant) in possession of the suit premises. It is not disputed that the order of stay of execution of the decree passed by this Court stands vacated. After the order of stay was vacated, the Court Receiver acted in terms of the decree and has put the first respondent in possession. 2 The learned counsel for the applicants states that various interim orders passed this Court are subject matter of challenge in the Special Leave Petition and therefore, the Receiver be directed to take over possession of the suit premises from the first respondent. 2 caf1031 3 However, it is an admitted position that there is no interim relief granted by the Apex Court which has the result of grant of stay of operation and execution of the impugned decree. 4 After the interim order of stay of execution of the decree was vacated, the Court Receiver has acted in terms of decree and the first respondent has been placed in possession. Therefore, as of today, prayer (a) cannot be granted. 5 The learned counsel for the applicants submitted that the first respondent be restrained from creating third party rights and from parting with possession of the suit premises. On account of gross default of payment of amount by the applicants, interim relief has been vacated. Therefore, such prayer cannot be granted. However, as the appeal is pending, in the event the first respondent desires to create any third party rights, before creating third party rights in favour of any person, the first respondent shall inform him about the pendency of the First Appeal. 6 Subject to what is observed above, application is rejected. JUDGE