1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 4545 OF 2008 IN FIRST APPEAL NO. 857 OF 2006 Shri Mahalaxmi Sah.Grahtaran Sanstha Mydt. ... Applicant (Orig. Defendant) Vs. Ramakant Vasantrao Tavade & Ors. ... Respndents Mr.Amit B. Borkar,Advocate, for the applicant.. Mr.N.V.Bandiwadekar, Advocate, for the respondent Nos.1 to 4 and propsed respondent No.5. CORAM: J.H.BHATIA,J. DATE : 10th August, 2009. P.C. 1. Heard the learned Counsel for the parties. 2. The appellant is the original defendant. Respondent Nos.1 to 4 are the original plaintiffs, who filed the suit in 1995 seeking to set aside a sale deed of the suit property executed by their father in favour of the present appellant in 1984. That suit was decreed and against that the original defendant has preferred the present appeal. 3. Earlier, the present appellant had filed Civil Application No.2023 of 2006 seeking injunction restraining respondent Nos. 1 to 4 from creating any 2 third party interest. It was pointed out at that time that third party interest was already created and, therefore, that application was rejected. It is pointed out that the respondent Nos. 1 to 4 have entered into a development agreement in favour of the respondent No.5 and he has started development. If he completes the development and creates further third party interest, the appeal filed by the present appellant would become practically infructuous and he will be left with no remedy. 4. The learned Counsel or the respondent No.5 makes a statement that some initial developments have been made and construction is not yet started. According to him, respondent No.5 has spent quite a big amount for preparing lay-out plans and getting them sanctioned. In my considered opinion, the further development and creation of third party interest will create complications, multiplicity of litigations and the appellants may find it difficult to get any relief een if he succeeds in the appeal. 5. Therefore, the Application is allowed in terms of prayer clause (b). Application stands disposed of. (J.H.BHATIA,J.) 3