IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 234 of 2007 APPEAL FROM ORDER NO. 234 of 2007 APPEAL FROM ORDER NO. 234 of 2007 WITH CIVIL APPLICATION NO. 347 OF 2007 M/s. M.V. Builders ... Appellan (Orig. Plaintiff) Versus Smt. Chhabibai Nagesh Kawale & Ors. Respondents (Org. Defendants) Mr.R.A.Jahagirdar, Senior Advocate, i/b. Mr. G.s.Godbole, Advocate, for the appellant. Mr. N.V.Walawalkar, Senior Advocate, i/b. Mr. Viod Shinde, Advocate for the respondent No.1. Mr. Jetendra Sachdev, Advocate, for the respondent Nos. 2 to 5. Mr. K.K.Tated, Advocate with Ms. M.Jain,Advocate for the respondent No.6. CORAM: J.H.BHATIA,J. CORAM: J.H.BHATIA,J. CORAM: J.H.BHATIA,J. DATE: 5th May, 2008. DATE: 5th May, 2008. DATE: 5th May, 2008. P.C. P.C. P.C. 1. The learned Counsel for the parties agree that without giving any reasons, this Court may dispose of the Appeal with the following directions :- Defendant No.1 - Chhabibai is hereby restrained from creating third party interest in respect of Plot No.36 admeasuring 850 sq. mtrs. situated in Phase 2 Sector 18 pending the hearing and final disposal of the Special Civil Suit No.76 of 2006 before the Civil Judge, Senior Division, Panvel. 2. The Appeal stands disposed of and the trial Court’s order stands modified accordingly. 3. As the Appeal itself stands disposed of, the Civil Application does not survive and stands disposed of accordingly. (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)