ash 1 caf-1650.08nca-2944.10 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1650 OF 2008 AND CIVIL APPLICATION NO. 2944 OF 2010 IN FIRST APPEAL NO.993 OF 1999 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. Smt. Lalita Panchakshari for the Applicant. Shri M.N. Dhamal for Respondent No.1. -- CORAM : A.S.OKA, J. DATE :15TH JUNE, 2011 P.C.: . Heard learned counsel appearing for the parties. Prayer (a) of both the Civil Applications is identical. The Appeal preferred by the Respondent No.1 in the Civil Applications has been admitted and interim relief has been granted in favour of Respondent No.1. Therefore, a limited interim relief restraining Respondent No.1 from creating third party interests will have to be granted. As far as prayer clause (b) of Civil Application No.1650 of 2008 is concerned, there is no reason to modify the order of stay which has been granted after hearing both the ash 2 caf-1650.08nca-2944.10 parties. Prayer (c) of the said Application cannot be granted as stay is sought of a decree passed in another suit which is not the subject matter of challenge in the present Appeal. 2. Prayer (b) of the Civil Application No. 2944 of 2010 is for taking action against the 1st Respondent under the Contempt of Courts Act, 1971. The Applicant will have to file contempt petition in accordance with the Rules and, therefore, this prayer cannot be entertained. 3. Hence, the Civil Applications are disposed of by passing the following order: (a) Till the disposal of the Appeal, the 1st Respondent is hereby restrained from creating any third party interests in respect of the suit premises and parting with possession of the suit premises in favour of any third party. (b) Liberty is granted to the Applicant to file appropriate proceedings as regards prayer clause (b) in Civil Application No. 2944 of 2010. ash 3 caf-1650.08nca-2944.10 (c) Prayer clause (c) in Civil Application No. 2944 of 2010 and prayer clauses (b) to (d) in Civil Application No. 1650 of 2010 are hereby rejected. (A.S.OKA, J)