Mr. Yusuf A. Madraswala v. Mr. Zainoul A. Madrashwala (Deceased)Through His L/H.1a. Smt. Paula Zainoul Madraswala And ORS.

ash caf-3095.13 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE SIDE JURISDICTION CIVIL APPLICATION NO.3095 OF 2013 IN FIRST APPEAL NO.1083 OF 2013 Office Notes, Office memorandum of Coram, appearances, Court's Court's or orders or directions & Judge's orders.

Registrar's orders.

Shri Vishal Kanade along with Shri Vipul K. Bodhare i/by Ms. Geeta Sardesai for the Applicant.

Shri Karan S. Thorat for the Respondent No.1C and 5. Shri Arvind Purohit for Respondent No.4.

Shri Himanshu Kode for Respondent Nos.7 and 9. Ms. Sharon Patole for Respondent No.11.

­­ CORAM :

A.S. OKA & REVATI MOHITE DERE, JJ DATED : 10TH JULY 2015 P.C.:

.

Heard learned counsel appearing for the Applicant and the learned counsel appearing for the parties. The learned counsel appearing for the Respondent No.11 on instructions states that the Respondent No.11 does not desire to create third party rights. The learned counsel, however, seeks time on the ground that the learned senior counsel appointed by Respondent No.11 is not available.

ash caf-3095.13 2.

The First Appeal has been admitted for final hearing. Hence, the Respondent No.11 cannot create third party rights without prior permission of the Court. 3.

Hence, we dispose of the Application by restraining the Respondent No.11 from creating any third party rights in respect of the property in dispute till the final disposal of the Appeal without seeking prior permission of this Court.

(REVATI MOHITE DERE, J) (A.S.OKA, J)