-1- 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.72 OF 2007 APPLICATION NO.72 OF 2007 APPLICATION NO.72 OF 2007 IN IN IN CIVIL CIVIL CIVIL REVISION APPLICATION REVISION APPLICATION REVISION APPLICATION NO.73 OF 2005 NO.73 OF 2005 NO.73 OF 2005 Mrs.Shalan Amrarsinh Khandekar & Ors. ...Applicants vs. M/s.Somani Bafna Associates ...Respondents Mr.P.B.Shah for the Applicants Mr.Shriram Kulkarni for the first Respondent. CORAM: CORAM: CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : JUNE 28, 2007. : JUNE 28, 2007. : JUNE 28, 2007. P.C.: P.C.: P.C.: 1. Heard learned Advocate for the Applicant and the learned Advocate for the first Respondent. Prayer (b) of this Application cannot be considered as the trust referred to in prayer clause (b) is not a party to the Revision Application or to the suit. Consequently, prayers (c) and (d) cannot be considered. So far as prayer (a) is concerned, the same is confined to the first Respondent. 2. Shri Kulkarni for the first Respondent states that the first Respondent has already created third party interests in respect of the suit property and now there is no question of the said Respondent creating any third party interests. The statement is accepted. In view of this statement, it is not necessary to grant interim relief in terms of prayer clause (a). -2- 3. Hence, I pass the following order : i) In view of the aforesaid solemn statement made by the learned Advocate for the first Respondent, the relief in terms of prayer clause (a) is not granted. ii) In so far as prayers (b) to (d) are concerned, it will be open for the Applicant to take out appropriate proceeding in that behalf against the third party named therein. iii) Application is disposed of. JUDGE JUDGE JUDGE