{1} ao4911.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD APPEAL FROM ORDER NO.49 OF 2011 Afsarkhan s/o Fakurulla Khan Appellant Versus Sayyed Jamil s/o Sayed Khalil Attar and others Respondents Mr.S.J.Salunke, advocate for the appellant. CORAM : R.M.BORDE, J. DATE : 16 th March, 2011 PER COURT: 1 A restraint order is clamped against the appellant – original defendant no.3 restraining him from alienating the suit property until the decision of the suit. Respondents No.1 & 2 – original plaintiffs have presented the suit claiming specific performance of an agreement. The appellant herein is the subsequent purchaser of the disputed property. 2 The trial Court, in the facts and circumstances of the case, was justified in directing the appellant herein – original defendant no.3 not to create third party interest in respect of the suit property until disposal of the suit. {2} ao4911.odt 3 In this view of the matter, no interference is called for in the Appeal from Order and same stands dismissed. However, taking into consideration the facts and circumstances of the case, the trial Court is directed to decide the pending suit, as expeditiously as possible, preferably by the end of year 2011. In view of disposal of Appeal from Order, Civil Application No. 3340/2011 does not survive and stands disposed of. R.M.BORDE JUDGE ******* adb/ao4911