: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.913 OF 2009 ALONGWITH CIVIL APPLICATION NO.1137 OF 2009 Palm Beach & Ors. .. Appellants V/s. Anil Agarwal & Anr. .. Respondents Mr. P.M. Pradhan i/b. Mr. Yogesh Dalvi for the Appellants. Mr. P.S. Bajpai for the Respondents. CORAM : SMT. NISHITA MHATRE, J. DATED : 16 TH FEBRUARY, 2010. P.C.: 1. The Appeal from Order has been preferred against the order dated 27th July, 2009 passed by the Civil Judge, Senior Division, Thane on Exhibit No.5 in Special Civil Suit No.698 of 2008, granting interim relief to the respondents- plaintiffs. The trial Court has directed the appellants not to create any third party rights in respect of the suit Flat No.B-1201, 12th Floor, admeasuring 108.36 sq.meters built up area in “Beverly Park”, Plot No.20, Sector 6, Nerul, Navi Mumbai, till decision of the Suit. : 2 : 2. In my opinion, the trial Court has committed no error by granting this temporary relief to the respondents-plaintiffs. Whether the respondents- plaintiffs were justified in not paying the amount immediately in view of their stand that the public interest litigation was pending, is something that the trial Court would decide when the Suit is finally disposed of. However, the property for which the respondents-plaintiffs have paid a sizable amount must be protected at this stage. 3. The Appeal from Order is dismissed. 4. In view of the above, Civil Application No.1137 of 2009 pending in the Appeal from Order does not survive and the same is dismissed as infructuous. .......