1 21 caf.2083.10 ndm FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2083 OF 2010 IN FIRST APPEAL NO. 769 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. Nikhil Karnawat for the Applicants. Mr. Abhay Jagtap for the Respondents. CORAM : A.S.OKA, J. DATE : 25 th January, 2011. P.C. 1 Heard the learned counsel appearing for the Applicants and the learned counsel appearing for Respondents. 2 The Applicants are the original Plaintiffs. The suit filed by the Applicants for specific performance of agreement for sale of immovable property has been dismissed by the learned trial Court and prayer made in the alternative for refund of consideration been granted. The prayer in this application is for injunction restraining the Respondents from creating third party rights in respect of the suit property. It is not in dispute that during the pendency of the suit, an application for temporary injunction was made by the Applicants – plaintiffs seeking the same relief before the 2 21 caf.2083.10 learned trial Court and the said application was rejected. The prayer for specific performance has been dismissed by the learned trial Court. Therefore, now in appeal for the first time, the Applicants – plaintiffs are not entitled to such injunction. The appeal preferred by the Applicants is pending. It is therefore, obvious that if any third party interests or rights are created in the suit property by the Respondents, the same will be subject to final outcome of the appeal. 3 Subject to what is observed above, application is disposed of. [ A.S.OKA, J ]