1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR APPEAL AGAINST ORDER NO. 53 OF 2010 Ashok Mahipal Jain & Another Vs. Chindabai wd/o Ramchandra Shedam & Ors. ------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. ------------------------------------------------------------------------------------- Mr. S. S. Sitani Adv for appellant. Mr. N. K. Ambilwade Adv for respondents. CORAM: K. U. CHANDIWAL J. DATED: 30 th JULY, 2010. Heard. In a suit for specific performance of contract, plaintiff as a purchaser paid earnest money and towards consideration total Rs. 15,00,000/- (Rupees Fifteen Lacs only). Defendant as seller canvassed, time was essence of the contract and it was not fulfilled. Consequently, he terminated the contract by serving a notice. Plaintiff learned that defendant has entered into an agreement of sale concerning the suit property upon which the 2 defendant informed, he has entered into an agreement of sell with third party. Learned Judge erroneously observed that by such agreement third party rights are created. Unless the conveyance is executed such agreement will not create third party rights. The approach of the defendant is certainly violating provisions of Section 52 of the Transfer of Property Act, hence the order under challenge is set aside and instead thereof following order is passed: O R D E R Defendant through himself or through his attorney shall not alienate or create third party rights in relation to the suit property till further orders. Liberty to the defendants to approach the learned Judge, in the event of change of circumstances, for modification of the order. Appeal Against Order allowed to the extent as above. Civil Application also disposed of. JUDGE 3 svk