: 1 : USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1540 OF 2009 IN FIRST APPEAL NO.477 OF 2009 Vishal Chaitanya Co-Op. Hsg.Soc. .. Applicants V/s. Dhondiba Sopanrao Pimpale deceased thru his LRs .. Respondents ..... Mr. V.B. Naik i/by P.M. Sethe for the applicants Mr. P.J. Pawar for the respondents ..... CORAM : R.Y. GANOO, J. DATE : 7TH JULY, 2009. P.C. : 1. The first appeal has been admitted in regard to land in question i.e. 3 ares and according to the applicants, they are entitled for specific performance. The same came to be declined by learned trial Judge. Hence, the appeal. 2. It is clarified that this Court has considered this prayer of the applicant and have heard learned : 2 : advocates on both sides. Upon hearing the learned advocates on both sides, it is noted that during the pendency of this suit, the respondents herein were restrained from creating third party rights. If this is the position, then the said order can be granted in favour of the applicant during the pendency of this first appeal. Hence, following order is passed so as to dispose of this civil application. ORDER . Pending the hearing and final disposal of this first appeal respondents are hereby restrained from creating third party rights in regard to suit land covered by the present first appeal. . There shall be no order as to costs. (R.Y. Ganoo, J.)