1 ao1365 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION APPEAL FROM ORDER NO.1365 OF 2010 Sitaram Mhasku Harpale & Ors. ...Appellants vs. Leelabai Baban Yadav & Ors. ...Respondents Mr.S.P.Thorat for the appellants None for the respondents CORAM : A.S.OKA,J. DATE : FEBRUARY 25,2011 P.C.: 1 Heard the learned counsel for the appellants. The appellants are the 1 st to 5 th defendants in a suit filed by the 1 st and 2 nd respondents. The suit is a substantive suit for general partition and declaration. By the impugned order, during the pendency of the suit, the defendants in the suit have been restrained from creating third party rights in respect of the suit property till the disposal of the suit. It is not in dispute that the appellants claimed that they have already created third party rights. The persons in whose favour they have created third party rights have not challenged the order. 2 Pending the substantive suit for partition and declaration, a limited interim relief has been granted which will prevent the defendants from creating third party rights. It is not possible to interfere with the discretionary and equitable order passed by the trial Court. Appeal is accordingly dismissed. It is made clear that all contentions of the appellants including the contention based on bar of limitation are kept open. JUDGE