1 caf2178 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION CIVIL APPLICATION NO.2178 OF 2006 IN FIRST APPEAL NO.2411 OF 2005 Anant Keshav Pakninar ...Applicant vs. Jayashree Vinayak Atre & Anr. ...Respondents Mr.P.K.Dhakephalkar, Sr.Counsel i/b Mr.Sachin V. Dhakephalkar for the applicant Mr.Drupad Patil i/b Mr.G.S.Godbole for the resp. no.1 Mr.Pratap Patil for respondent no.2 CORAM : A.S.OKA,J. DATE : APRIL 19,2011 P.C.: 1 Heard learned senior counsel for the applicant. The applicant is the respondent in the First Appeal. The applicant was the defendant in the suit filed by the appellant. The suit has been dismissed. In the suit, there was no counter claim made by the applicant. The case made out in this application is that the appellant by a registered sale deed has disposed of the suit property in favour of the second respondent during the pendency of the appeal notwithstanding the order of status quo passed by this Court. The second respondent in this application is not a party to the suit or appeal. 2 It is not in dispute that the applicant has filed a substantive suit being no.Special Civil Suit no.1008 of 2007 in respect of the suit property. The prayer in this application is for appointment of the Court Receiver and for consequential reliefs. As stated earlier, there was no counter claim filed by the applicant in the suit filed by the appellant. Therefore, the reliefs which are 2 caf2178 claimed in this application will have to be prayed for by the applicant in the substantive suit filed by the applicant. 3 Hence, this application is disposed of by granting liberty to the applicant to make appropriate application for appropriate interim relief before the trial Court in the pending suit filed by him. 4 All contentions of the parties on merits are kept open. Subject to what is observed above, the civil application is dismissed. 5 If application for interim relief is made in the suit, the same shall be decided expeditiously. JUDGE