1 11-caf3692.09 ndm FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3692 OF 2009 IN FIRST APPEAL NO. 1428 OF 2009 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. Uday P. Warunjikar for the Applicants. Mr. Mr. Sachin Chvavan i/b Mr. S.S.Kulkarni for the Respondent. CORAM : A.S.OKA, J. DATE : 02 nd August, 2011. P.C. . Heard the learned counsel appearing for the parties. 2 The appeal has been admitted for final hearing. In paragraph No.4 of the reply filed by the Respondent, he has stated thus: “4. I say that I am occupying the suit flat with my wife. Therefore, there is no question to sell my flat at this juncture and the apprehension of the Applicants is without any foundation.” 3 Thus, there is no apprehension as of today that third party rights will be created by the Respondent. 2 11-caf3692.09 4 Hence, the application is disposed of by passing the following order: i. The statement made by the Respondent in paragraph No.4 of the affidavit is accepted ; ii. In the event, the Respondent desires to create any third party rights in respect of the suit flat, advance notice in writing of one month of his intention shall be served by the Respondent to the Applicants and their Advocate ; iii. In the event, such notice is served, it will be open for the Applicants to apply for appropriate interim relief ; and iv. Hearing of the appeal is expedited. [ A.S.OKA, J ]