Renuka Thakur 37-WP-644-2017.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 644 OF 2017 Shri. Amrutlal Karsonbhai Rathod ...Petitioner V/s. Smt. Rasila Bhagwanji Rathod and Ors. ...Respondents ________________ Mr. Tejas D. Deshmukh with Mr. Krishna N. Aghav for Petitioner. Mr. Vinayak Pandit with Ms. Teena Kapur i/b Mr. Ajinkya Udane for Petitioner. ________________ CORAM: SANDEEP V. MARNE, J. DATED: 5 OCTOBER 2026. P.C.: 1) The Petition is rendered infructuous on account of the fact that the proceedings in Regular Civil Suit No. 651 of 2010 are stayed on account of rejection of counter claim filed by the Petitioner in Special Civil Suit No. 516 of 2019. 2) Mr. Deshmukh the learned counsel appearing for the Petitioner invites attention of this Court to the written statement filed by Defendant No. 2 declaring that he was not intending to create third party rights in the suit property. Petitioner can rely upon the said statement made in the written statement for the purpose of claiming injunction against Defendant No. 2 from creating third party rights in Page No. 1 of 2 5 OCTOBER 2026 2026:BHC-AS:40544 Renuka Thakur 37-WP-644-2017.docx the suit property by filing appropriate application before the appellate Court. Since the suit itself is stayed, there is no question of grant of any further interim relief in the suit. On the other hand Plaintiff needs to apply for stay in appeal preferred by him challenging the decree of the Trial Court rejecting the counter claim filed in Special Civil Suit No. 516 of 2019. Leaving open all the issues on merits. 3) The Petition is accordingly disposed of. [SANDEEP V. MARNE, J.] Page No. 2 of 2 5 OCTOBER 2026 Signed by: Renuka S Thakur Designation: PA To Honourable Judge Date: 06/10/2026 18:18:56