1 lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1894 OF 2005 IN SECOND APPEAL NO.1329 OF 2005 Yadu Baloa Kapale : Appellant. Versus Mahadeo Bala Kapale & ors. : Respondents. Mr. P B Shah for the appellant. Mr.Vishwanath Talkute for Respondent No.3, 5, 9, 13, 23 and 24. Mr.Abhijit Gosavi for Respondent Nos.2A to 2D. CORAM : C.L.PANGARKAR, J. DATE : 02nd February 2010 P.C. 1. Heard the learned counsel for the Appellant and the learned counsel for the Respondents. 2. There is a decree in respect of Survey No.298. The Plaintiff/Appellant is at liberty to execute a decree in that regard. So far as other two properties are concerned, the Respondents shall not create any third party interest in the suit properties till decision of the appeal and if at all any construction is made by a person in whom the interest is already created, that would be subject to decision of this appeal. This civil application is disposed of. [C.L.PANGARKAR, J]