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. 5113 OF 2005. APPLICATION NO. 5113 OF 2005. APPLICATION NO. 5113 OF 2005. IN IN IN FIRST FIRST FIRST APPEAL NO. 2110 OF 2005. APPEAL NO. 2110 OF 2005. APPEAL NO. 2110 OF 2005. Nestor Kinny & anr. ... Applicants. Versus. Philip John Kinny & others. ... Respondents. Shri R.M.Nakhwa for the Applicants. CORAM CORAM CORAM : ABHAY S.OKA, J. : ABHAY S.OKA, J. : ABHAY S.OKA, J. DATED DATED DATED : 27th April, 2006. : 27th April, 2006. : 27th April, 2006. P.C.: P.C.: P.C.: 1. Heard the learned Advocate for the Applicants. The office noting shows that the Respondents are served. None appears for the Respondents. 2. The First Appeal is already admitted for final hearing. Execution and operation of the decree deserves to be stayed subject to condition that the Applicants will not create any third party interests in respect of the suit premises and will not part with possession thereof in favour of any third party. 3. Hence Rule is made absolute in terms of prayer clause (a) subject condition that the Applicants will not create any third party interests in respect of the suit premises and will not part with possession thereof to any third party. Judge. Judge. Judge.