1 pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 4544 OF 2009 IN FIRST APPEAL NO.227 of 2009. Padmakar A. Shetty .. Applicant v/s. M/s.Mahadkar Constructions Pvt. Lt ..Respondents Mr.T.D.Deshmukh for the Appellant. Mr.S.M.Gorwadkar for the Respondent CORAM : D.B.BHOSALE & R.Y.GANOO, JJ. DATED : January 15, 2010 P.C. : 1. By this Civil Application, the applicant has prayed for injunction against the respondents, restraining them from creating any third party right/interest in the suit premises admeasuring 850 sq.ft. alongwith the open space. The applicant has filed the first appeal challenging the judgment and decree dated 20.11.2008 by which he was directed to hand over vacant and peaceful possession of the suit premises. Mr.Gorwardkar, learned Counsel for the respondent submits that the applicant is also liable to deposit the 2 mense profit of Rs.28 lakhs. He further submitted that since he did not deposit the said amount, the respondent executed the decree and got possession of the suit premises, during pendency of this appeal. The learned Counsel for the applicant submits that even today, the applicant is not in a position to deposit the said amount. In view thereof, we are not inclined to grant relief as prayed in the application. However, it is made clear that if any other person is inducted in the suit premises, his possession would be subject to the outcome of the appeal. 2. Civil Application is accordingly disposed of. [D.B.BHOSALE, J.] [R.Y.GANOO, J.]