1 caf1770 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION CIVIL APPLICATION NO.1770 OF 2011 IN FIRST APPEAL NO.912 OF 2011 Sachin Jyotiba Patil & Ors. ...Applicants vs. Haribhai Krishna Jadhav & Ors. ...Respondents Mr.A.P.Kulkarni for the applicants Mr.P.K.Hushing for the respondents no.1 CORAM : A.S.OKA,J. DATE : JUNE 27, 2011 P.C.: 1 Heard learned counsel for the applicants and the learned counsel for the first respondent. 2 The second and third applicants are the original defendant nos.4 and 5. Perpetual injunction has been granted against the said two applicants. Perusal of the prayers in the plaint shows that there was no prayer made for grant of perpetual injunction against the said applicants. Hence, that part of the impugned decree will have to be stayed. However, decree of declaration granted by the Trial Court cannot be stayed as declaration is that sale deed at Exh.50 is not binding on the first respondent. Hence, application is disposed of by passing the following order : i) There will be stay of execution and operation of clause (3) of the operative part of the impugned decree till the final disposal of the appeal. ii)Stay is granted subject to condition that the applicants will not create any third party rights in 2 caf1770 respect of the suit property and they will not carry out any further construction in the suit property without prior permission of the Court. JUDGE