1 65-cas-838-2009.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY srj CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.838 OF 2009 IN SECOND APPEAL NO.456 OF 2009 Shri Gautam N. Kharate .. Applicant. V/s. Smt. Vatsala V. Kharade & Others .. Respondents. Mr. P. B. Shah, for the Appellant. Mr. Vishwanath Talkute, for Respondent No.1. CORAM : G.S.GODBOLE, J. DATE : 16th AUGUST, 2011. P.C.: 1 Heard the learned Advocates for the Applicant and Respondent No.1. 2 By a separate order passed today, Second Appeal is admitted. The suit filed by the Applicant has been dismissed and the decree has been confirmed by the District Court. There is nothing on record to indicate that any injunction had been prayed for or had ever operated in favour of the 2 65-cas-838-2009.sxw Plaintiff in the suit or in the First Appeal. Hence, no case is made out for grant of any relief in this Civil Application. Civil Application is rejected. 3 However, it is clarified that any alienation made by Respondent No.1 will be subject to the final out come of the Second Appeal and hence, it is further directed that in case the Respondents create any third party rights or interest of any nature whatsoever, they or any one claiming through them will not claim any equities and in the document creating any such third party rights, the factum about pendency of Second Appeal shall be clearly stated and name of the transferee shall be intimated to the Appellant/Applicant by RPAD within 15 days of execution of any document. However, this will not apply in respect of small crop loans taken from a Primary Agricultural Credit Co­operative Society or a Bank, if they are for a sum not exceeding Rs.50,000/­ in a particular financial year. (G.S.GODBOLE, J.)