1 AO NO.105/2008 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD APPEAL FROM ORDER NO.105 OF 2008 WITH CIVIL APPLICATION NO.11029 OF 2008 WITH CIVIL APPLICATION NO.12854 OF 2008 Ravindra s/o Prataprao Bunkar & ors. ... APPELLANTS VERSUS Sakharam s/o Shankar Patil & ors. ... RESPONDENTS ..... Shri C.R. Deshpande, Advocate for the appellants Ms S.G.. Salve, Advocate holding for Shri P.S. Patil, Advocate for Respondent No.2-A ..... CORAM : K.U. CHANDIWAL, J. DATE : 6th December, 2010 PER COURT : 1. Heard. 2. In a suit for specific performance of contract, plaintiff asserted, based on agreement of sale dated 20.1.1996, he has paid Rs.1,00,000/-, subsequently has made entire remittance of Rs.3,51,000/- as was agreed. 3. A consent letter signed by Sakharam Shankar Patil and Kashinath Shankar Patil dated 7.2.1997 is tendered, illustrating that Plot Nos.1 & 2 from Survey No.96/3 are given for erection of Sai Baba Temple/ construction in favour of the 2 AO NO.105/2008 members (plaintiffs). By said letter, no objection is recorded by above persons to allow electricity connection or installation in favour of the plaintiffs. 4. At the time of initial hearing of the Appeal from Order, interim protection in favour of the appellant/ plaintiff flows, restraining the defendants/respondents from creating third party rights in relation to the property, subject of controversy. 5. Without adverting to the merits of rival contentions, considering age of the parties, the transaction, the interim protection referred above not to create third party rights and interest shall remain in force till disposal of the suit. The learned Judge seized with the matter shall endeavour to complete the hearing by 31st July 2011. Unnecessary accommodation to the parties should be avoided. Appeal from Order disposed of with above directions. No costs. Consequently, Civil Applications No.11029/2008 and 12854/2008 stand disposed of. K.U. CHANDIWAL JUDGE fmp/ao1052008