1 CA-16-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Mhi CIVIL APPLICATION NO. 16 OF 2010 WITH REVIEW PETITION NO. OF 2009 IN CIVIL APPLICATION NO. 74 OF 2007 IN SECOND APPEAL NO. 43 OF 2007 Shri Gangaram Bhiimaji Pawar & Anr. ... Applicants/Appellants/ Orig. Defts. 5 & 6. Vs. Shri Shyamsunder Jagannath Agarwal & Ors. Respondents Mr. Jaydeep S. Deo,Advocate, for the applicants. Mr. A.M.Joshi,Advocate for the respondent - State. CORAM: J.H.BHATIA,J. DATE : 29th July, 2010. P.C. 1. Heard. For the reasons given in the Application, delay is condoned. Review Petition be registered. 2. The Review Petition is filed by the original appellant, who had filed Civil Application No. 74/2007 seeking several interim reliefs. It appears from the order dated 27.7.2009 that at the time of hearing, the appellant/applicant insisted that he was in possession and therefore injunction be granted against the 2 CA-16-10.sxw respondents. That contention was rejected in view of the concurrent finding of fact by the Court below. It appears that even though in the Application, there was a prayer clause (d) to restrain the respondent from creating third party interest, that prayer was not pressed at the time of passing that order. Now the Review Petition is filed to press that prayer. 3. On hearing the parties, in the interest of justice, the Application is granted. Interim relief in terms of prayer clause (d) granted in C.A.No.74/2007 so that the respondent No.1 shall not create any third party interest in the suit property pending the appeal. The order dated 27.7.2009 stands modified accordingly. Application stands disposed of. (J.H.BHATIA,J.)