1 ao478-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION rpa APPEAL FOR ORDER NO. 478 OF 2010 IN NOTICE OF MOTION NO. 198 OF 2007 ALONGWITH CIVIL APPLICATION NO. 622 OF 2010 Kamlakar S. Pawar & Ors. .. Appellants v/s. Dinkar Shivram Pawar & Ors. .. Respondents. .... Mr. H. R. Pawar for the Appellants. Mr. D. W. Bhoslae for Respondent No. 2(a). .... CORAM : R.C. CHAVAN, J. DATE : JULY 20, 2010. P.C. This appeal is directed against the order dated 21st January, 2010, passed by the City Civil Court, Bombay in Notice of Motion No. 198 of 2007, rejecting the plaintiffs' Notice of Motion, whereby the plaintiffs wanted the defendants to be prevented from creating third party interest during the pendency of the suit. The property belongs to respondent nos.3 and 4. The plaintiffs father was a tenant in respect of these premises. Upon 2 ao478-10 his demise, the plaintiffs and other heirs had filed an affidavit stating that they have no objection for transferring the tenency in the name of defendant no.1. Defendant no. 1 transferred it in favour of defendant no.2. Defendant no. 2 died and his heirs have been brought on record. The apprehension of the plaintiffs that the defendants would create third party interest which would adversely affect their interest can be set at rest if regard be had to section 52 of the Transfer of Property Act and as their lis is registered, since the property is situated at Bombay. The learned trial Judge has not erred in refusing the plaintiffs' prayer, since the appellants had themselves stated that the tenency be registered in the name of defendant no.1. 2. In view of this, the Appeal is dismissed. 3. In view of the dismissal of the Appeal, Civil Application No. 622 of 2010 does not survive, and is disposed of accordingly. [ R. C. CHAVAN, J. ]