1 caf1635 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVILAPPELLATE JURISDICTION CIVIL APPLICATION NO. 1635 OF 2010 IN FIRST APPEAL NO. 432 OF 2008 Baburao Devendra Patil (deceased) through his L.R. Smt.Shantabai B. Patil & Ors. ... ... Applicants. Versus Ramchandra Shankar Patil & Ors. ... ... Respondents. Mr. V. A. Gangal with Mr. Vindu P. Pandey i/by Mr. Ashok T. Gade for the Applicants. Mr. Sagar Kasar for the Respondents. CORAM : A. M. KHANWILKAR and A. A. SAYED, JJ. DATED : 19TH JULY, 2010. P. C. : Although by this application, the applicants have asked for three different prayers, during the hearing Counsel for the applicants has stated that in view of the order passed by this Court on 19th June, 2009 relief in terms of prayer clause (b) cannot be pressed. Hence, the application is proceeded only in the context of prayer clause (a). 2. In so far as prayer (a) of the application is concerned, the apprehension of the respondents is that the attempt of the applicants to measure the property is with intention to create third party rights therein as can be seen from paragraphs 7 and 10 of the application. In response to this argument, learned Counsel for the 2 caf1635 applicants states that the applicants undertake before this Court that they shall not transfer or create any third party right in the suit property in any manner during the pendency of the appeal. More so, because the order of injunction dated 19th June, 2009 passed in Civil Application No. 621 of 2009 is operating against the applicants. That undertaking is accepted. 3. In the circumstances, in the interest of justice, as the applicants only want to get the property marked after measurement to be done by the TILR and for no other purpose, relief in terms of prayer clause (a) is granted. It is made clear that the applicants shall forebear from even developing the property and instead maintain status-quo of the suit property as of today during the pendency of the appeal. 5. Application is accordingly allowed only to the extent of measurement to be done by the TILR of the property in question. Disposed of accordingly. Sd/- Sd/- (A. A. SAYED, J.) (A. M. KHANWILKAR, J.)