: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.693 OF 2008 WITH CIVIL APPLICATION NO.803 OF 2008 IN EXHIBIT-5 IN SPL.C.S.NO.27 OF 2007 Bhagwansinh B. Solanki ....Appellant V/s. Mohansinh L. Solanki ....Respondent Ms.Bhavna Shah for the Appellant. Ms.Jaya B. Joil for the Respondent. CORAM : S.J. VAZIFDAR, J. DATED : 18TH OCTOBER, 2008. P.C. : 1. Admit and heard finally. 2. The impugned order warrants no interference. There can be no objection about the injunction which has been granted and there is none. The only question is whether the impugned order which protects the possession of the Respondent ought to be interfered with. 3. At the interlocutory stage, it is important to note paragraph 9 of the written statement which reads as under :- : 2 : "9. With reference to the contents of para-7 of the plaint, the defendant says that as stated above, the possession of the suit land was taken as a security for the repayment of the hand land (loan) amount and it is neither true nor admitted that he incurred huge expenses for the development of the suit land. However, the defendant admits about joint application made to the competent authority for a permission to sell and purchase as the plaintiff is a heart patient, who insisted for the security of the hand loan amount." . In view of this admission atleast at this stage, the learned Judge cannot be faulted for protecting the Respondent’s possession. Added to this is the fact that prima-facie it appears that the Plaintiff/Respondent had acquired the property. 4. The mere fact that in paragraph 15 of the application, the Plaintiff had pleaded that the Defendant may change the user of the premises, would not deprive the admission in paragraph 9 of the written statement of its force as an admission. 5. The impugned order, however requires modification to protect the rights of the Appellant/Defendant as well. In the circumstances, the impugned order is confirmed. However, the Respondent shall also maintain status-quo in respect of the suit property in all respects. It is clarified : 3 : that the Respondent shall not dispose of, alienate, encumber, part with possession of and create any third party right, title and/or interest in, to, upon or in respect of the suit property. Nor shall the Respondent be entitled to put up any construction on the suit property temporary or permanent. 6. In the event of the permission for sale having been refused or being refused hereafter, the Appellant is at liberty to adopt separate proceedings or even proceedings in the suit. The same will be decided on their own merits. 6. The Appeal from Order is accordingly disposed of. The Civil Application is also disposed of.