: 1 : SD IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3449 OF 1997 CIVIL APPLICATION NO.3449 OF 1997 CIVIL APPLICATION NO.3449 OF 1997 IN IN IN FIRST APPEAL NO.505 OF 1997 FIRST APPEAL NO.505 OF 1997 FIRST APPEAL NO.505 OF 1997 Sindhutai Jeevanrao Shirole & Ors. ...Applicants V/s. Shelter & Ors. ...Respondents Mr.S.P. Thorat, Advocate, for the Applicants. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. DATE : 28TH FEBRUARY, 2008. DATE : 28TH FEBRUARY, 2008. DATE : 28TH FEBRUARY, 2008. P.C.: P.C.: P.C.: 1. The Application is by the applicants who are the appellants in the First Appeal. The appellants are the original plaintiffs. By the impugned Judgment and Decree, suit filed by the applicants has been dismissed. Therefore, prayer for stay cannot be granted. 2. The learned Advocate appearing for the applicants states that the respondents be restrained from creating third party interests. However, the said prayer is not made in this Application. 3. Accordingly, Application is rejected. However, rejection of this Application will not preclude the applicants from filing appropriate application for appropriate interim relief. : 2 : [ABHAY S. OKA, J.] [ABHAY S. OKA, J.] [ABHAY S. OKA, J.]