ao43.11 -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD APPEAL FROM ORDER NO. 43 OF 2011 WITH CIVIL APPLICATION NO. 2665 OF 2011 Mohammad Salim s/o Nisar Ahmed and others ...Appellants Versus Mrs. Sageera Bano wd/o Masood Ahmed and others ...Respondents ..... Mr. Santosh Bhosale h/f Mr. S.P. Brahme, advocate for the appellants Mr. M.B.W. Khan, advocate for respondent Nos.1 to 3 Mr. P.B. Pawar, advocate for respondent Nos. 5 and 6. ..... CORAM: R.M. BORDE, J. DATED: 2ND MAY, 2011 PER COURT:- 1 The appellants, original defendant Nos. 1 to 3 are challenging the order dated 8.12.2010 passed by the learned Civil Judge, Senior Division, Dhule, thereby restraining the appellants as well as original defendant Nos. 4 and 5 from alienating or transferring the suit property till the decision of the suit. On behalf of the appellants, it is informed that the disputed property has already been sold in view of execution of sale deed on 11.6.2010 in favour of the defendant Nos. 4 and 5, as ao43.11 -2- such injunction clamped against the appellants herein original defendant Nos. 1 to 3 is rendered infructuous. 2 It is to be noted that the trial court has granted injunction against all defendants i.e. including defendant Nos. 4 and 5. So far as the defendant Nos. 1 and 3 are concerned, as contended by the concerned defendants-appellants, there is already creation of third party interest before passing of the impugned order, therefore, the order will have no effect so far as the defendant Nos. 1 to 3 are concerned. However, it will remain operative as against the defendant Nos. 4 and 5. There is no need to call any interference at this stage in the instant appeal from order. The Appeal from Order stands dismissed. 3 In view of disposal of Appeal from Order, pending civil application No. 2665 of 2011 does not survive and disposed of. ( R.M. BORDE. J.) rlj/