-1- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO.1514 OF 2006 APPLICATION NO.1514 OF 2006 APPLICATION NO.1514 OF 2006 IN IN IN SECOND SECOND SECOND APPEAL NO.920 OF APPEAL NO.920 OF APPEAL NO.920 OF 2006 2006 2006 Bhagoji Dagdu Doiphode ...Applicant vs. Sopan Shivram Kolekar and ors. ...Respondents Mr.Madhav Jamdar for the Applicant Mr.K.B.Sonwalkar for the Respondents. CORAM: CORAM: CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : JULY 6, 2007. : JULY 6, 2007. : JULY 6, 2007. P.C.: P.C.: P.C.: 1. Rule. Shri Sonwalkar waives service for Respondent Nos.1 and 2 who are the original Plaintiffs. Impugned decree is a decree for specific performance passed in favour of the first and second Respondents. Hence, service of notice to other Respondents is dispensed with. The decree for specific performance will have to be stayed. There will be interim relief in terms of prayer clause (a) subject to condition that the Applicant will file an undertaking in this Court within a period of six weeks from today stating therein that he will not create any third party interests in respect of the suit property and he will not part with possession thereof till the final disposal of the Second Appeal. If undertaking is not filed within stipulated time, interim relief granted will stand vacated without further reference to the court. -2- JUDGE JUDGE JUDGE