1 19 caf.2266.10 anr ndm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2266 OF 2010 IN FIRST APPEAL NO. 1420 OF 2008 Smt. Rangubai R. Shelar and others. ... Applicants Vs. Dagadoba S. Shelar and others. ... Respondents ALONGWITH CIVIL APPLICATION NO. 2304 OF 2010 IN FIRST APPEAL NO. 1420 OF 2008 Dagadoba S. Shelar and others. ... Applicants Vs. Smt. Rangubai R. Shelar and others. ... Respondents ----- Mr. Anurag Jain for the Applicant in CA No.2266 of 2010 and for the Respondents in CA No.2304 of 2010. Mr. S.V.Pitre for Respondent Nos.1 to 8 in CA No.2266 of 2010 and for the Applicants in CA No.2304 of 2010. ----- CORAM : A.S.OKA, J. DATE : 25 th January, 2011. P.C. 1 Civil Application No.2266 of 2010 has been filed by the Appellants, who are the unsuccessful plaintiffs. The first prayer in the 2 19 caf.2266.10 anr application is for appointment of Court Receiver. The second prayer is for grant of injunction restraining the Respondents from creating third party rights and from proceeding with demolition/ reconstruction and/or carrying out structural repairs to the suit premises. 2 Civil Application No. 2304 of 2010 has been filed by the 1 st to 8 th respondents in the appeal, who are the 1 st to 8 th defendants. The substantive prayer in the application is for permitting the said Respondent Nos.1 to 4 to develop and deal with property bearing survey No. 63/4B/1 situated at Pimple Saudagar except the small portion on the southern side of the said property. 3 The suit filed by the Appellants has been dismissed. Only a limited interim relief has been granted by this Court, which is restricted to one house in Survey No.63/4B. The said interim relief continues to operate. After the suit is dismissed on merits, the Appellants are not entitled to appointment of Court Receiver. As far as prayer clause (b) of the application made by the Appellants is concerned, it is obvious that 3 19 caf.2266.10 anr any further transfers or creation third party rights by the Respondents will be subject to further orders which may be passed in the appeal and subject to final judgment in the appeal. 4 As far as Civil Application No. 2304 of 2010 is concerned, permission deserves to be granted to the Respondent Nos.1 to 4 in the appeal to develop the property in terms of prayer clause (b) subject to condition that construction shall be commenced only after obtaining permission from the Competent Authority. Prayer (b) excludes a small portion on the southern side of the suit property consisting of a residential building. The said Respondents will have to file on record of the first appeal, a true copy of the construction permission alongwith an affidavit and construction can be commenced only after filing such affidavit. 5 Hence, I pass the following order: i. Civil Application No. 2266 of 2010 is disposed of by observing that further transfers or creation of third party rights in respect of the suit property shall be 4 19 caf.2266.10 anr subject to further orders passed in the first appeal and subject to final outcome of the first appeal; ii. Civil Application No. 2304 of 2010 is allowed in terms of prayer clause (b) subject to condition that the Applicant Nos.1 to 4 therein (Respondent Nos. 1 to 4 in appeal) shall be entitled to start work of construction only after obtaining construction permission from the Competent Authority; iii. A copy of the permission obtained by the said Applicant Nos.1 to 4 in the application shall be placed on record of the first appeal alongwith an affidavit; iv. A copy of the affidavit shall be supplied in advance to the advocate appearing for the Appellants; v. Construction/ development of the property shall be commenced only after filing such affidavit; vi. It is made clear that the Applicant Nos.1 to 4 in the Application No. 2304 of 2010 shall not be entitled to 5 19 caf.2266.10 anr claim any equity on the ground that they have been permitted to develop the property and the development shall be subject to final order in Appeal ; vii. Before creating any third party rights in the developed property, the Applicant Nos.1 to 4 shall give notice of the pendency of the appeal to the prospective purchasers. It is made clear that creation of third party rights will be subject to final outcome of the appeal ; viii. There will be no order as to costs. [ A.S.OKA, J ]