: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.457 OF 2008 WITH CIVIL APPLICATION NO.536 OF 2008 IN NOTICE OF MOTION NO.3405 OF 2006 IN S.C.SUIT NO.3758 OF 2006 Smt.Bharati K. Suryawanshi & Ors. ....Appellants V/s. Smt.Asha S. Aroskar ....Respondent Mr.P.K. Vyas for the Appellants. Mr.S.J. Ghogare for the Respondent. CORAM : S.J. VAZIFDAR, J. DATED : 16TH JUNE, 2008. P.C. : 1. Admit and heard finally. 2. The impugned order warrants no interference. However, the interest of the Appellants/Defendants also required to be protected. 3. The Appellants are the original Defendants. Appellant Nos.2 and 3 are husband and son of Appellant No.1. Appellant No.1 is the sister of the Respondent’s deceased brother. : 2 : 4. It is difficult to interfere with the prima-facie finding that the Respondent was in possession of the suit premises prior to the suit being filed. For instance, the phone connection which was taken in the name of Appellant No.1 in 1987 was disconnected in 1994. The mother of Appellant No.1 expired in the year 1992. The husband of the Respondent expired in the year 2002. The alleged transfer of the tenancy receipt in the name of Appellant No.1 was only in the year 2006 i.e. before the suit was filed. The Respondent on the other hand contends that the rent receipt has been transferred in her name. Further the advocates notice addressed on behalf of the Appellants describes the address of Appellant No.1 to be other than the suit premises. 5. However, there is no dispute that the tenancy originally stood in the name of the mother of Appellant No.1 i.e. mother in law of the Respondent. Till their respective rights are determined, the Respondent cannot deal with the premises to the prejudice of the Appellants. 6. In the circumstances, the impugned order shall continue pending the hearing and final disposal of the suit. However in addition thereto the : 3 : Respondent is also restrain from alienating, encumbering, parting with possession of or creating any third party right, title and/or interest in, to, upon or in respect of the suit premises. 7. The pendency of the above suit shall not preclude the parties from adopting any proceedings for establishing their rights. 8. The Appeal from Order is accordingly disposed of. The Civil Application is also disposed of.