1 57caf-4265.09 Ash FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4265 OF 2009 IN FIRST APPEAL NO.1397 OF 2009 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. Shri V.B. Tapkir for the Applicant. Shri R.D. Soni i/by M/s. Ram & Co. for the Respondent Nos.1 and 2. Shri V.R. Kasle for Respondent No.3. -- CORAM : A.S.OKA, J. DATE : 24TH MARCH, 2011 P.C.: . Heard learned counsel appearing for the parties. The First Appeal has been admitted. Apart from the declaratory decree, there is a decree for possession. The decree for possession will have to be stayed till final disposal of the Appeal. Hence, application is disposed of by passing the following order: ORDER : (a) Execution and operation of Clause (3) of the operative part of the impugned decree will remain stayed 2 57caf-4265.09 till the disposal of the Appeal subject to condition that the Applicant will not create any third party rights in respect of the suit premises and will not part with possession thereof in favour of third parties. (A.S.OKA, J)