IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO.1535 OF 2007 APPLICATION NO.1535 OF 2007 APPLICATION NO.1535 OF 2007 IN IN IN SECOND SECOND SECOND APPEAL NO.784 OF 2007 APPEAL NO.784 OF 2007 APPEAL NO.784 OF 2007 Shri Nemgonda Bhau Paraj & Ors. ...Applicants vs. Ibrahim Mahamad Shikalgar & Ors. ...Respondents Mr.V.B.Rajure for the Applicants Mr.Vijay Killedar for the Respondent No.1. CORAM: CORAM: CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : NOVEMBER 26,2007. : NOVEMBER 26,2007. : NOVEMBER 26,2007. P.C.: P.C.: P.C.: 1. Rule. The Advocate for Respondent No.1 waives service. Service to other Respondents is dispensed with for the purpose of this Civil Application. 2. Second Appeal challenging the decree for possession passed against the Applicants has been admitted. Hence, decree for possession will have to be stayed. 3. Hence, Application is disposed of by passing the following order : i) There will be ad-interim relief in terms of prayer clause (a) subject to condition that the Applicant will not create any third party interest in respect of the suit property and will not part with possession thereof in favour of any third party till the disposal of the Appeal. ii) In case the applicants commit any breach of the aforesaid direction, liberty to the first respondent to apply for vacating the stay. There will be no order as to costs. JUDGE JUDGE JUDGE