1 lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1866 OF 2009 IN FIRST APPEAL NO.1420 OF 2008 Dagadoba Shankar Shelar & ors. : Applicants. Versus Rangubai Ramchandra Shelar & ors. : Respondents. Mr. S V Pitre for the Applicant. Mr.Anurag Jain for Respondent Nos. 1 to 5. Mr. Abhay Kumar Apte for Respondent Nos.6 to 9 CORAM : C.L.PANGARKAR, J. DATE : 08th February 2010 P.C. 1. Heard the learned counsel for the Applicant and the learned counsel for the Respondents. 2. This application has been moved by the Applicant, who are the original Defendant Nos.1 to 8 for a direction to the Plaintiffs not to create third party interest in a property known as Shelar Plaza which is said to be constructed after demolition of the property known as Shelar Wada. The First Appeal No.1420 of 2008 has been filed by the Original Plaintiffs, who are Respondent Nos.1 to 5 in this Civil Application. It is brought to my notice by the original Plaintiffs, that this Property in 2 respect of which an injunction is sought for is not the subject matter of the suit at all. 3. In the circumstances, there cannot be an any injunction against the plaintiffs in respect of the property which is not the subject matter of the suit. The Applicants/Defendants are at liberty to take proper action as may be advised to them in law. This Civil Application is dismissed. [C.L.PANGARKAR, J]