1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8339 OF 2008 Bismillah Khan & Anr. .. Petitioners Versus R.A.Photographer & Ors. .. Respondents Mr.Khan Javed Akhtar for petitioners Mr.A.N.Nasikwala i/b. Ms.Z.K.Lakdawala for respondents CORAM : S.C.DHARMADHIKARI, J. DATE : 12th June 2009. P.C.: 1] Petitioners are the original obstructionists and Appellants before the lower appellate court. They have filed an Appeal No.1566 of 2008 challenging the decree for possession in favour of original plaintiff passed in R.A.E.Suit No.191 of 1992. 2] It was their case that the decree was executed by the respondents – decree holders. However, their appeal was pending. During the pendency of the appeal, they applied for putting them back in possession but that application (Exh.8) was rejected by the lower appellate court. That is how they have filed this petition. 3] After the petition was heard for some time, I am of the view that there is no reason to interfere with any interlocutory order of the lower appellate court. The lower appellate court has rightly rejected the application for interim relief. However, the lower appellate court should have been careful enough to protect the subject matter of litigation. In other words, it could have 2 imposed reasonable conditions on the decree holders of not creating any third party rights etc. during the pendency of the appeal. 4] It is now stated before me by the decree holders Advocate that the decree holders have inducted licensees in the premises pursuant to leave and license agreement. It is well settled that the license does not create any right or interest in the property. There is no third part right or interest created in favour of licensee, admittedly. In these circumstances, I see no prejudice to parties if it is directed that during the pendency of the subject appeal, the decree holders shall not create any interest of whatsoever nature in the suit premises. However, they shall not be prevented from inducting any licensees or renewing the existing license. But all such transactions would be subject to final outcome of the appeal and would have to be abide by result thereof. Needless to state that this direction is without prejudice to the rights and contentions of both sides. Needless to further add that no opinion is expressed on the merits of the controversy and pleas of both sides in that behalf are kept open. The lower appellate court shall dispose of the appeal uninfluenced by any observations in the interlocutory stage. Hearing of appeal is expedited. Petition disposed of. (S.C.DHARMADHIKARI, J)