1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.188 OF 2009 WITH CIVIL APPLICATION NO.226 OF 2009 Mr.Deepak Kachardas Bumb ..Appellant V/s Shri Vitthal Kesu Bhamgar & Ors. ..Respondents ---- Mr. Madhav Jamdar for the appellant. Mr.Sanjay Kshirsagar for respondent nos.1 to 8. ---- Coram : R.S.MOHITE,J Date : 24th August, 2009. PC 1 Heard both sides. Admit. By consent, the matter is heard for final disposal. 2 This is an Appeal filed by the original plaintiff impugning an order dated 7.11.2008 passed by the 8th Joint Civil Judge, Senior Division, Pune, below Exhibit-5 in Special Civil Suit No.1361 of 2008. The plaintiff has filed the suit in the Court of the Civil Judge, Senior Division, Pune seeking specific performance of an oral agreement dated 6.8.2007. It is his case in the suit that the defendants in the suit had agreed to sell the suit land admeasuring 10 Hector and 63 R for an amount of Rs.14,05,000/- per acre. The total consideration at this rate was Rs.4,31,49,625/-. In his suit the plaintiff sought an injunction that the defendants should be restrained from creating any third party rights in the suit land. The suit land in question was gat nos.73 & 75 situated in village Bhavdi, Taluka Haveli, Dist. Pune. On perusing the record, I find that the plaintiff has placed reliance on a public 2 notice issued on 8.9.2007. This notice is admittedly signed by the owners also. The plaintiff had issued a letter dated 6.12.2007 to the owners setting out the alleged terms of the oral agreement. The owners had given no reply till 24.4.2008. Even in the reply dated 24.4.2008, they did not specifically controvert the existence of the oral agreement or its terms as set out in the letter of the plaintiff dated 6.12.2007. In this view of the matter, prima facie, there is some material in favour of the plaintiff. In the circumstances, I am inclined to allow this appeal. Appeal from Order is therefore, allowed and it is directed that pending the disposal of the suit, there will be interim injunction in terms of prayer clause-1 of Exhibit-5 as filed in the suit subject to the condition that plaintiff deposits in the trial Court an amount of Rs.4,31,49,625/- on or before 31.12.2009 and subject to the further condition that in order to secure the rights of the plaintiffs till deposit is made, a bank guarantee for the same amount to cover a period up to 31.12.2009 be furnished to the trial Court within a period of three weeks from today. It is however, made clear that the trial Court will proceed with the trial expeditiously and without being influenced by the observations made in this order. If there is a failure to furnish the bank guarantee or make a deposit within the stipulated period, the interim injunction will stand automatically vacated. CIVIL APPLICATION NO.226 OF 2009 1 As the main appeal is allowed, Civil Application does not survive and stands disposed off accordingly. (R.S.MOHITE,J) 3