: 1 : USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.695 OF 2008 IN SECOND APPEAL NO.818 OF 2004 Dinkar Ramchandra Yevale .. Applicants & Ors. V/s. Keshav Ramchandra Yewale .. Respondent ..... Mr. Nitin Patil i/by Uday P. Warunjikar for the applicants Mr. Jagdish Choudhari i/by S.P. Kadam for the respondent ..... CORAM : R.Y. GANOO, J. DATE : 18TH JULY, 2009. P.C. : 1. By this civil application, applicants want that respondent should be restrained from cutting trees and fixtures which are attached to the suit property during the pendency of this second appeal and account should be rendered. : 2 : 2. Perused order dated 27 th April, 2005 in Civil Application No.937 of 2004. This order was passed at the time of admission of the Civil Application. By this order dated 27 th April, 2005, the present appellants are restrained from creating third party rights or parting with possession. There is no order by which present appellants are prohibited from cutting trees and selling them and getting money. The argument advanced by learned advocate for the applicants that cutting trees standing on the property and selling the wood, will amount to creating third party rights. With respect, this argument cannot be accepted and the same is required to be rejected. In the absence of an injunction thereby restraining the appellants from cutting the trees and selling them in the market, order sought cannot be granted hence the civil application is disposed of. There shall be no order as to costs. (R.Y. Ganoo, J.)