1 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 493 OF 2009 WITH CIVIL APPLICATION NO. 602 OF 2009 Shri Balkrishna Sadashiv Borkar ... Appellant Vs. Smt. Smita Suresh Joshi ... Respondent. ..... Mr. M.M. Sathaye, for the Appellant. Mr. Sumeet Khaire i/b P.N. Joshi, for Respondent. ..... CORAM: S.C. DHARMADHIKARI,J. DATE : 30 th APRIL, 2010. P.C. 1] On this Appeal, a Notice was issued on 4th May, 2009 and ad- interim Order in terms of prayer clause (a) of the Civil Application was made. Thereafter, the matter has appeared on board after service was complete and adjourned from time to time. 2] On the last occasion when this matter was placed before me, I had indicated to the parties that if the suit is ripe for hearing, then, ad- interim Order would be continued without prejudice to the rights and contentions of the parties in the suit. 2 3] After taking instructions Shri Sathaye appearing on behalf of Appellant-original Plaintiff states that recording of evidence has been completed in Special Civil Suit and now it is placed for argument. 4] The suit is filed for specific performance of an agreement for sale dated 20.12.2007. The suit is filed in the year 2008 and the agreement is in relation to flat on the second floor. The Applicant-Appellant claims to have made payment of Rs.1,27,000/- as Earnest Money and thereafter made further payment by Cheques in January 2008. Thereafter, the agreement has been terminated and the cheques have been returned. However, there was correspondence between the parties. It is in such circumstances, that the suit is filed. 5] The Trial Court declined to grant any interim injunction by the Order under challenge which has been passed by the Trial Court on 6.2.2009. On 4.3.2009 this Court issued Notice and passed an Order restraining the original Defendant-Respondent from creating third party rights or disposing of the suit property/flat in any manner. There is no reply affidavit filed and Respondent-Defendant’s Advocate pleads no instructions. In these circumstances, without expressing any opinion on the merits of the controversy and considering that an ad-interim order has been passed by this Court, interest of justice would be served if the said Order continues till the hearing and final disposal of the suit. Accordingly, it is directed that the Ad-interim Order dated 4th March, 2009 to continue 3 till the disposal of Special Civil Suit before the Trial Court. 6] Appeal from Order is disposed of in these terms, with no order as to costs. The Civil Application does not survive in the light of Order made in the Appeal. (S. C. DHARMADHIKARI, J.)