( 1 ) IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD APPEAL FROM ORDER NO. 35 OF 2009 Rahimali s/o. Muradali (died) .. Appellants through his legal heirs and ors. Versus Nawabali s/o. Ghunnimiya (died) .. Respondents through his legal heirs and ors. Shri S.P. Deshmukh, Advocate for the appellants. Shri P.S. Pawar, Advocate for the respondent No.6. CORAM : P.R. BORKAR,J. DATED : 12.08.2009 P.C. :- 1. Heard Adv. Shri S.P. Deshmukh for the appellants and Adv. Shri P.S. Pawar for respondent No.6. It is clear that the parties are litigating from 1968. The First Appeal was originally filed in the High Court, then after enhancement of pecuniary jurisdiction, it came to be transferred to the District Court, Beed and re-numbered as Regular Civil Appeal No. 83 of 2001. Therein application Exh.49 is filed for restraining the defendants from ( 2 ) alienating and not interfering with the possession of the appellants over two acres of land. 2. The learned advocate for respondent No.6 has submitted that the construction of petrol pump is almost complete, however, he undertakes that respondent No.6 will not transfer/alienate or create third party interest in the property, if this Court expedites hearing of Regular Civil Appeal No. 83 of 2001. It is also stated that application for adding respondent No.6 as party to the appeal is pending. 3. Considering the totality of the circumstances the following order is passed. i. The respondents are restrained from transferring, alienating or creating third party interest in the suit property pending the Regular Civil Appeal No.83 of 2001 in the District Court, Beed. ii. The District Court, Beed, is directed that it should decide the application for addition of parties immediately, if it is pending, and shall decide the Regular Civil Appeal No. 83 of 2001 within a period of three months. The learned advocate for ( 3 ) respondent No.6 undertakes that he would appear before the District Court, Beed, on the date fixed. 4. With these observations, this Appeal From Order is disposed of. [P.R. BORKAR,J.] snk/2009/AUG09/ao35.09