1 caf3724 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION CIVIL APPLICATION NO.3724 OF 2011 IN FIRST APPEAL NO.1032 OF 2011 Madhukar Laxman Dhuri ...Applicant vs. Sandeep Pandharinath Raorane & Ors ...Respondents Mr.Sudhir Prabhu for the applicant Mr.Gautam Ankhad i/b Ashwin Ankhad & Associates for the respondent nos.1 to 3, 5 to 11 CORAM : A.S.OKA,J. DATE : OCTOBER 19, 2011 P.C.: 1 Heard the learned counsel for the applicant and the learned counsel for the first respondent. The applicant is the plaintiff whose suit has been dismissed. 2 The first respondent has purchased the undivided share of respondent nos.2 to 11 by a sale deed. Perusal of the impugned Judgment shows that there is no finding recorded that the share of respondent no. 2 to 11 was separated by partition. On the contrary, finding is that the suit property is a joint family property of the applicant and the respondent nos.2 to 11. 2 During the pendency of the suit, the Trial Court granted injunction against the respondent nos.1 and 2 restraining them from obstructing peaceful 2 caf3724 possession of the applicant over the suit property. In view of the findings recorded by the trial court in the impugned Judgment, the same injunction deserves to continue till the final disposal of the appeal. However, injunction will have to be granted subject to condition that the applicant will not create any third party rights in respect of the suit property. 3 Hence, order of interim injunction operating from 15th February 2008 during the pendency of the suit will continue to operate till the final disposal of the appeal subject to condition that the applicant shall not create any third party rights in respect of the suit property till the final disposal of the Appeal. Civil Application is disposed of. JUDGE