1 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 861 OF 2009 ALONG WITH CIVIL APPLICATION NO. 1059 OF 2009 Raju Younus Chhagala & ors. ... Appellants v/s Mrs.Vatsala Devidas Shirvekar & ors. ... Respondents Mr.P.K.Dhekephalkar i/by Mr.A.P.Mhatre for the appellants. Mr.Arvind Purohit for the respondents. CORAM: SMT.NISHITA MHATRE, J. DATED: 4TH JANUARY, 2010 P.C.: 1. The appellants have moved this Court against the order dated 8.7.2009 by which they were restrained from carrying out any construction work over the suit property till the disposal of the suit. The appellants were also restrained from creating any third party interest over the suit property till the final decision of the suit. 2. The learned advocate appearing for the respondent No. 1 states that the evidence is over and the arguments on 2 behalf of the plaintiffs have also been heard. He submits that the suit is fixed tomorrow for arguments on behalf of defendants and therefore no interference is called for at this stage. 3. Considering the circumstances in the present case, in my opinion, it would not be appropriate to interfere with the impugned order at this stage when the suit is being finally disposed of. Mr.Dhakephalkar for the appellants submits that rather than continuing the impugned order, he will make statements in terms of the order which the Court could accept. 4. The appeal from order is disposed of by accepting the statements made on behalf of the appellants by Mr.Dhakephalkar appearing for them that the appellants will not carry out any construction over the suit property till the disposal of the suit. He further makes a statement that the appellants have not created any third party interest after 8.7.2009 and will not in future create any third party rights, pending the final disposal of the suit. 5. These statements made on behalf of the appellants are accepted. The impugned order is set aside in these circumstances. However, this does not reflect on the 3 correctness or otherwise of the order. The suit shall be disposed of on merits by the Trial Court, uninfluenced by the observations contained in the impugned order. ..... 4