IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL JURISDICTION CIVIL APPLICATION NO.1710 OF 2007 IN SECOND APPEAL NO.499 OF 2000 Vishwas Arjun Barbole ...Applicant. v. Mangalabai Ramling Shete & Ors. ...Respondents. Mr.Rupesh Bobade , adv. For the Applicant. Smt. Jai V. Kanade i/by Shri G.S.Godbole, adv. for the Respondent Nos.1 to 3. Shri A.P.Kulkarni, adv. for the Respondent No.5. Shri A.M.Kulkarni, adv. for the Respondent No.6. CORAM : J.H. BHATIA, J. DATED : 21st July , 2009 P.C. 1 The applicant is the original plaintiff and the respondent in Second Appeal. Decree for specific performance of the contract for the sale of 1 H 21 R of land out of 6 H 36 R has been passed by the Courts below. While admitting the appeal, the stay has been granted to the execution of the decree. As per the learned counsel for the applicant, agreement for sale is in respect of 1 H 21 R from the Northern side of the land. 2 By this application, the applicant contends that the opponent nos.5 and 6 have purchased a portion of this suit land from the original owners and, therefore, the stay should be vacated, the appellant should be restrained from creating any third party interest and opponent nos.5 and 6, i.e., the purchasers pending the litigation be impleaded as the respondents in the appeal. Application is opposed by the original appellant as well as the opponent nos.5 and 6. After hearing the learned counsel for the parties, I find that it will not be desirable to vacate the stay. However, to avoid any further litigation and complications in future, it will be necessary to implead opponent nos.5 and 6 as well as to restrain them and the appellant from creating any third party interest. 2 Therefore, this application is allowed in terms of prayer clause (b) and (d). The appellant shall make an amendment in the appeal as per the prayer clause (b) within two weeks. 3 Application stands disposed off. (J.H. BHATIA,J.)