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 CIVIL CIVIL CIVIL APPLICATION NO. 213 OF 2008 APPLICATION NO. 213 OF 2008 APPLICATION NO. 213 OF 2008 IN IN IN SECOND SECOND SECOND APPEAL NO. 79 OF 2008 APPEAL NO. 79 OF 2008 APPEAL NO. 79 OF 2008 Bhalchandra Mahadeo Kulkarni, deceased through Shalini B. Kulkarni & Ors. ..Applicants V/s. Rufas Saylas Talkar ..Respondent Shri Sachin S. Punde for Applicants CORAM : R.S. MOHITE, J. DATED : 20TH JUNE, 2008. P.C. : . The Civil Application seeking an injunction against creation of third party rights and parting with possession of the encroached portion i.e. construction admeasuring 100 sq.ft. x 50 sq.ft. towards northern side of Survey No. 54/2A and Survey No.55/2A situated at Nandgaon, Taluka Murud, District Raigad and/or causing any further development / construction in any manner and / or disposing of the suit property in any manner. It appears that the second appeal was admitted. By an order dated 1st February, 2008, the respondent was restrained from creating any third party interest in the suit property. 2. In the circumstances, the Civil Application is disposed of with an injunction restraining the respondent from creating any third party right, title or interest or parting with possession of the encroached portion i.e. construction admeasuring 100 sq.ft. x 50 sq.ft. towards northern side of Survey No. 54/2A and Survey No.55/2A situated at Nandgaon, Taluka Murud, District Raigad. 3. For the moment, the respondent will also maintain status quo as relating to any further construction / development. However, since the respondent is absent, there will be liberty to apply to this Court in relation to effecting further construction, if the respondent so desires. The Civil Application is disposed of. ( R.S. MOHITE,J.) R.S. MOHITE,J.) R.S. MOHITE,J.)