: 1 : FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPEAL FROM ORDER NO.1235 OF 2008 WITH CIVIL APPLICATION NO.1508 OF 2008 -------------------------------------------------------------- Office Notes, Office Memoranda Court’s or Judge’s orders of Coram, appearances, Court’s . orders or directions and . Registrar’s orders . -------------------------------------------------------------- Mr.Clive D’Souza for the Appellants. Mr.V.T. Lulia for the Respondents. CORAM : S.J. VAZIFDAR, J. DATED : 4TH DECEMBER, 2008. P.C. : Admit and heard finally. 2. The impugned order warrants no interference. It however warrants a modification to protect the rights of the Appellants pending the hearing and final disposal of the suit. 3. The learned Judge has come to the conclusion that the Respondents are in possession and have been in possession. : 2 : Considering the facts of this case, it is difficult to hold that the finding is absurd or perverse. However, admittedly the Appellants are the owners of the property. The nature of the Respondents’ rights, if any, are yet to be established. 4. In the circumstances, the impugned order remains. However, pending the hearing and final disposal of the suit, the Respondents are restrained from selling, alienating, parting with possession of, creating any third party rights or encumbering the property in any manner whatsoever. 5. The Appeal from Order and the Civil Application are accordingly disposed of.