.abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1190 OF 2008 IN FIRST APPEAL NO. 331 OF 2008 ------------------------------------------------------------------------ Office Notes, Office Memoranda of : coram, appearances, Court’s Orders: Court’s or Judge’s orders or directions and Registrar Orders: ------------------------------------------------------------------------ Mr.S. Mirajkar with Mr.A.B. Tajane for the applicant. Mr.S. Ranghe i/b Mr.S.S. Kanetkar for the respondent. CORAM : D.G. KARNIK, J. DATE : 18TH DECEMBER 2008 P.C. P.C. P.C. : 1. Heard both sides. 2. This application is filed by the applicant-appellant for an injunction restraining the respondent from selling the suit property. 3. The appeal arises out of a suit filed by the applicant for the relief of specific performance. The suit has been - 2 - dismissed. Out of the agreed consideration of Rs.2,90,000/-, Rs.20,000/- were paid to the respondent. Hence, the injunction can only be granted subject to the applicant depositing the entire amount of consideration. Accordingly, I pass the following order:- (a) The respondent is restrained from disposing of the suit property till the disposal of the appeal subject to the applicant depositing in the trial court the sum of Rs.2,70,000/-. The applicant shall not withdraw the money deposited by the respondent in the trial court in accordance with the impugned order. (b) On such deposit, the amount shall be invested in a nationalised bank of the choice of the applicant if such choice is indicated at the time of the deposit, or else in the State Bank of India, initially for a period of 13 months to be renewed from time to time till the disposal of the appeal. (c) In the event the amount is not - 3 - deposited within 2 weeks, the civil application shall stand dismissed and injunction shall stand vacated without further reference to the Court. (d) The civil application is disposed of. (D.G. KARNIK, J.)