AGK IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION APPEAL APPEAL APPEAL FROM ORDER NO.494 OF 2006 FROM ORDER NO.494 OF 2006 FROM ORDER NO.494 OF 2006 M/s.Gupta Builders and Developers ...Appellant Versus. Smt.Mangalibai Balaram Patil & Ors. ...Respondents Mr S.A.Sawant for the Appellant. Mr Jeetendra Sachadev for Respondent Nos.1 to 13. CORAM CORAM CORAM : S.J.VAZIFDAR, J. : S.J.VAZIFDAR, J. : S.J.VAZIFDAR, J. DATE DATE DATE : 22nd April, 2008. : 22nd April, 2008. : 22nd April, 2008. P.C.: P.C.: P.C.: 1. As far as the ground regarding the property not having come into existence on the date of the suit Agreement is concerned, the same is covered by an order dated 13th April, 2006 passed by A.M.Khanwilkar, J in Appeal from Order No.207 of 2006. 2. The appellant claims to have purchased the property from the respondent No.14. The appellant contends that the respondent No.14 had acquired the said property from respondent Nos.1 to 13. The respondent Nos.1 to 13 had been allotted the property by the CIDCO under the 12.5% scheme. 3. The effect of the above transactions is required to be decided finally at the hearing of the suit. The rights of the appellant, therefore, qua the present respondents requires to be protected. 4. On behalf of the respondent Nos.1 to 13 it is : 2 : 2 : 2 : stated that the CIDCO had actually allotted only 1150 sq meters whereas the suit Agreement is for 1500 sq meters. That also is an aspect which is required to be considered by the appellant while establishing its claim and the decree may have to be modified accordingly. 5. It is further stated on behalf of the respondent Nos.1 to 13 that they have entered into agreements with third parties in respect of the 1150 sq meters allotted by the CIDCO. These third parties are not before me. 6. In the circumstances, the following order is passed:- (i) The respondents are restrained from disposing of, alienating, encumbering or creating any third party rights in respect of the suit property. (ii) The respondent Nos.1 to 13 shall disclose on oath the details of the alleged agreements with the third parties including copies of the agreements themselves within four weeks from today. (iii) Liberty to the appellant to make an appropriate application for reliefs, interim or otherwise, against the third parties before the : 3 : 3 : 3 : trial Court.