:1: 914.cas.1013.09 ata IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1013 OF 2009 IN SECOND APPEAL NO.288 OF 2009 Shri. Abdul Sakur Mahamud Janjirkar and Ors .. Applicants Vs. Shri. Abdul Majid Mahamud Janjirkar ..Respondents Mr. A. N. Mulla,Advocate, for Applicants. Mr. M. S. Kadu, Advocate for Respondent Nos.1,3,4,5(2),5(3), 6 & 7. CORAM :- RANJIT MORE, J. DATE :- AUGUST 10, 2011 P. C. The proceeding arises out of Respondent No.1’s claim for partition and separate possession of the suit property. The Suit was partly decreed in favour of Respondent No.1, and thereafter, Respondents approached the lower appellate Court. The lower appellate Court decreed Respondent No.1’s Suit in toto. The Applicants claim that the Suit property exclusively belongs to them. The Second Appeal is already admitted by this Court, on 23rd July, 2009 after hearing both sides. On the same day, Rule was granted in the aforesaid Civil Application and ad- interim relief was granted in terms of prayer clause(c). The Applicants :2: 914.cas.1013.09 were also restrained from alienating the Suit property. 2 Admittedly, the Applicant is in possession of the Suit property. Since the Second Appeal is already admitted and pending for final disposal, I am of the view that the following order will meet ends of justice. ORDER i) The partition proceeding in respect of the suit property in pursuant of the impugned judgment and decree to go on,till the stage of delivery of possession. However, the actual possession shall not be delivered to the Respondents during the pendency of final disposal of the aforesaid appeal. ii) The Applicant during the pendency and final disposal of the Second Appeal shall not alienate or create third party interest in the suit property. iii)Civil Application stands disposed of. (RANJIT MORE , J.)