1 56.cas517.11 ast IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 517 OF 2011 IN SECOND APPEAL NO. 201 OF 2011 Narayan Vishnu Shevade & anr. ....Applicants. Vs. Kantilal Chunilal Porwal & ors. ....Respondents. Mr. Rahul S. Kate, Advocate for Applicants. Mr. A.R. Pande, Advocate for Respondent Nos. 1 and 2. CORAM:- GIRISH GODBOLE, J DATED:- SEPTEMBER 20, 2011 P.C. 1. Heard Mr. Kate, Advocate for Applicants and Mr. Pande, Advocate for Respondent Nos. 1 and 2. 2. By separate Order passed today, Second Appeal is admitted. Hence Rule. Rule made returnable forthwith by consent of the parties. Mr. Pande waives service of Rule on behalf of Respondent Nos. 1 and 2. Respondent Nos. 1 and 2 are the contesting Respondents and hence service of Rule on Respondent Nos. 3 to 5 is waived. 2 56.cas517.11 3. It is not in dispute that R.C.S. No. 204 of 1984 was filed by the Defendant No.1 against Rajaram and Hanmant Mane, which has ultimately been dismissed in default. The Trial Court has decreed the Suit filed by the Respondent Nos. 1 and 2 and the Appeal filed by the Applicants has been dismissed by the District Court. Prima facie there is nothing to indicate that injunction as prayed for herein was ever operating in favour of the Applicants during the pendency of the Appeal in the District Court. Hence no case for grant of injunction is made out. 4. However, since the Second Appeal is admitted, and the dispute is subjudice, it is necessary to ensure that even if any third party right is created during the pendency of the Second Appeal no equities are claimed by the third parties leading to any further multiplicity of judicial proceedings. I therefore deem it necessary to direct the Respondent Nos. 1 and 2 Plaintiffs to file written undertaking in this Court within 4 weeks incorporating the necessary undertakings as indicated hereinafter. In my opinion, this would sufficiently protect the interest of the Applicants and the remaining Respondents. Hence I pass following order. (A) Civil Application is rejected. It is however directed that the Respondent Nos. 1 and 2 shall file written undertakings in this 3 56.cas517.11 Court within a period of 4 weeks from today stating there in that - (a) That if Respondent Nos. 1 and 2 create or agree to create any third party rights or interests of whatsoever nature, either by sale, exchange, gift, mortgage, lease or any other mode of transfer; they would incorporate the clause regarding pendency of the Second Appeal in any instrument of Agreement for transfer or proposed transfer and put the transferee to the specific notice of the pendency of the Second Appeal. (b) Within a period of one month after executing any such document/agreement, the names and addresses of the transferee/proposed transferee shall be communicated in the writing to the Appellants. (B) For a period of 4 weeks or till Respondent Nos. 1 to 4 file such written undertakings, the Respondent Nos. 1 and 2 are restrained by an order of injunction thereby not to create or agree to create any third party rights or interests of whatsoever nature, either by sale, exchange, gift, mortgage, lease or any other mode of transfer. If written undertaking as aforesaid is not filed, there will be an injunction which would operate against the Respondent Nos. 1 and 2 in the same terms. 4 56.cas517.11 (C) Needless to state that the Applicants and Respondent Nos. 3 to 5 will also not enter into any transaction or agreement whatsoever nature in respect of the suit property till the disposal of the suit property. (D) Rule is made absolute in the aforesaid terms with no order as to costs. (GIRISH GODBOLE, J)