1 25-cas-1201-2010.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY srj CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1201 OF 2010 IN SECOND APPEAL NO.633 OF 2008 Soma T. Wagh (since deceased) through his Legal Heir- Nivrutti S. Waghmare & Others .. Applicants. V/s. Sadu R. Boraste (since deceased) through his Legal Heir – Nagraj S. Boraste & Others .. Respondents. Mr. K. P. Mali i/b. Mr. R. A. Thorat, for the Applicants. Mr. Girish R. Agrawal, for Respondent Nos.1A to 1C. CORAM : G.S.GODBOLE, J. DATE : 30th SEPTEMBER, 2011. P.C.: 1 The Second Appeal No.633 of 2008 along with connected Second Appeal No.632 of 2008 is admitted and both are pending for final hearing. 2 The suit filed by the Applicants stands dismissed whereas 2 25-cas-1201-2010.sxw Regular Civil Suit No.103 of 1992 filed by the Respondents has been decreed. It is necessary to preserve the suit property and also necessary to avoid multiplicity of judicial proceedings. Hence, Civil Application is allowed in terms of prayer clause (a) which reads thus:- “ that pending the hearing and final disposal of the present Second Appeal by an Order of Injunction of this Hon'ble Court, the Opponents/ Respondents, their agents and/or persons claiming through them be restrained from creating third party rights and/or inducting any third person in respect of the suit land which is the subject matter of the present Second Appeal.” (G.S.GODBOLE, J.)