spb/- 1 ca1896-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION CIVIL APPLICATION NO. 1896 OF 2010 IN SECOND APPEAL NO. 705 OF 2010 Ramdas Dattu Patil ... Appellant. V/s. Shankar Bapu Mahajan, expired his Lrs: 1. Smt. Champabai Shankar Mahajan & Ors. ... Respondents. ­­­ Ms. A.R.S. Baxi for the Appellant. Mr. Umesh Mankapure for the Respondents. ­­­­­ CORAM : G.S. GODBOLE, J. DATE : 02nd SEPTEMBER, 2011. P.C. : 1 Heard Ms. Baxi for the appellant and Mr.Mankapure for the respondents. 2 By a separate order passed today, the second appeal has been admitted. 3 This civil application seeks injunction. There is no statement in the civil application that similar injunction was operating in favour of the applicant either in the trial court or in the appellate court. In fact it is an admitted position that in the meantime, the respondents have already spb/- 2 ca1896-10.sxw created third party interest. The third party or pendent lite purchaser is not before this court. Hence, no relief can be granted to the applicant in this civil application. The civil application is, therefore, rejected. It is made clear that the applicant will be at liberty to file proper application for impleadment of subsequent purchaser in the second appeal and seek appropriate injunctive relief against the subsequent purchaser. The refusal or rejection of this civil application will not preclude the applicant from adopting such proceedings. [G.S. GODBOLE,J] .....