60cas88-01.sxw 1 spb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 88 OF 2001 IN SECOND APPEAL NO. 32 OF 2001 Miss Yamunabai Prasad Kulkarni ....Appellant. Vs. Shri Mahesh S. Kulkarni & Ors. ....Respondents. --- Mr. Ashutosh Gole for the Appellant. --- CORAM:- G.S. GODBOLE, J. DATED :- 10TH OCTOBER, 2011. P.C. : 1 Heard Mr. Gole for the Appellant. 2 By a separate order passed to day, the Second Appeal is admitted. Considering the nature of the controversy and the fact that the Second Appeal is admitted on issues which are essentially hyper -technical and the fact that the original Plaintiffs are sons of the deceased Shashibhaskar, no case for grant of interim relief is made out particularly when, Appellate Court has held that the contesting parties were in joint possession of the suit premises. Mr. Gole fairly states that legal heirs of the deceased 60cas88-01.sxw 2 Shashibhaskar have already created third party interest in the suit property. Hence, no relief is granted in the Civil Application. The same is rejected. It is however, clarified that any further transfer will be subject to the out come of the Second Appeal. [G. S. GODBOLE, J.]