ash 1 caf-1163.10 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1163 OF 2009 IN FIRST APPEAL NO. 2848 OF 2007 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. Shri Abhijeet Desai for the Applicants. Shri J.B. Mishra for the Respondent Nos.1 and 2. -- CORAM : A.S.OKA, J. DATE :15TH JUNE, 2011 P.C.: . Heard learned counsel appearing for the Applicants. The Applicants are the original Plaintiffs and the Appellants. The Trial Court has held that the Applicants have failed to prove exclusive ownership of the 1st Applicant. There is a finding recorded that the Respondents-Defendants are the co-owners of the suit premises. 2. In view of the findings of the Trial Court, a drastic relief of removal of partition cannot be granted and that ash 2 caf-1163.10 the action of erection of the partition will be subject to final orders which may be passed in the Appeal. 3. Prayer clause (b) is a very wide prayer which cannot be granted as the Respondents have been held to be the co-owners in respect of the suit premises. However, the Respondents will have to be restrained from creating any third party rights in respect of the suit premises till disposal of the Appeal. Hence, the Civil Application is disposed of by passing the following order: ORDER: (a) Till the disposal of the Appeal, the Respondents are restrained from creating any third party rights in respect of the suit premises. (b) There will be no orders as to costs. (A.S.OKA, J)