1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6071 OF 2009 Arun Vasant Newaskar & ors .. Petitioners Vs Chandrabhaga Devram Sonawane and ors .. Respondents Mr.Tushar Sonawane, Advocate for the petitioners. Mr. R.D.Soni i/b M/s Ram & Co, for Respondent No.9. Mr S.N.Gawade, for respondent no.10. CORAM : D.B.BHOSALE, J. DATE : 24/08/2009 PC: 1. Heard learned counsel for the parties. 2. This petition is arising from the orders passed by Revenue Authorities on the application filed by respondent nos 1 to 7 (for short, “the landlords”), seeking permission to pay Nazarana and transfer their land to respondent no.9. The petitioners claim that the landlords had executed the agreement to sell dated 25.11.2005 in their favour. The petitioners have already filed Special Civil Suit No.665 of 2008 for specific performance of the agreement against the landlords and respondent no.9 and also prayed for cancellation of the sale deed, executed in favour of T 2 respondent no.9 by the landlords. The petitioners filed application at Exhibit-5 in the suit. Admittedly the court has directed the parties not to create encumbrances over the suit property until further orders on the application at Exhibit-5. Exh.-5-application is pending for hearing and final disposal before the civil court. Rights of the parties will be considered and adjudicated by the civil court in the said suit. In view thereof, I am not inclined to entertain this writ petition against the orders passed by the revenue authorities whereby the landlords have been allowed to pay Nazarana for transfer of the lands in favour of respondent no.9. I am satisfied that the following order shall meet the ends of justice. (a) The Civil Court shall decide Special Suit No.665 of 2008 on merits in accordance with law and uninfluenced by the observations made in these proceedings by the revenue authorities. (b) The interim order dated 21.4.2009 passed on the application at Exhibit-5 in Special Civil Suit No.665 of 2008 shall remain operative till the application at Exhibit-5 is decided finally. In other words, parties shall maintain status-quo till disposal of the application at Exhibit-5. The Civil Court shall decide the said application uninfluenced by the observations 3 made in the impugned order dated 29.6.2009. It is open to the respondents to pay Nazarana as per the impugned order. However, the payment of Nazarana shall be without prejudice to the rights and contentions of the petitioners. As prayed for by the learned counsel for the petitioners, it is open to the petitioners to deposit an amount, equal to the amount of Nazarana, in the civil court, in order to show their bonafides and readiness and willingness within a period of eight weeks from today. If the petitioners deposit the amount, as aforestated, the concerned court shall issue appropriate directions for investing the said amount in fixed deposit. With these observations, the writ petition is disposed of. (D. B. Bhosale, J.)