1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR C.A.F. NO. 1788/2009 IN First Appeal No. 846/2009 (Ajabrao Wadguji Patil VERSUS Dhanraj Mukundrao Hanwate) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms. I.P. Khisti, counsel for the appellant. Shri N.M. Thengre, counsel for the respondent. CORAM : SMT. VASANTI A. NAIK, J. DATE : SEPTEMBER 24, 2009. Heard the learned counsel for the parties. The subject matter in the instant case was also the subject matter in yet another suit filed by the respondent for declaration. The suit of the present appellant as well as the suit of the present respondent were decreed by the trial Court. The respondent has filed an appeal against the decree passed in appellant’s favour before the District Court. In terms of the decree in favour of the present appellant, an amount of Rs.1,25,000/- is payable by the respondent to the appellant. In such circumstances, it is the case of the appellant that the respondent may be restrained from creating third party interest in the suit property which is the subject matter of both the suits. 2 The prayer made in the civil application is just and reasonable and needs to be granted in the facts and circumstances of the case. The respondent is, therefore, restrained from creating third party interest in the suit property. The civil application is allowed in the aforesaid terms and disposed of. JUDGE APTE