IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 1727 OF 2010 IN FIRST APPEAL NO. 292 OF 2010 Manjeba Shripatrao Tidke .. Applicant Versus Uttam Rangnath Kachhve and another .. Respondents Shri S. R. Bharad, Advocate h/f Shri V. D. Salunke Advocate for the Applicant. Shri P. N. Kalani, Advocate for Respondent Nos. 1 and 2. CORAM : S. V. GANGAPURWALA, J. DATE : 09TH SEPTEMBER, 2010. PER COURT : . The applicant is the original plaintiff who has preferred the appeal against the judgment and decree passed by the Trial Court refusing the relief of specific performance. The Trial Court has come to the conclusion that the valid agreement of sale is executed between the parties and the case of the present respondent/defendant that it was transaction of hand loan has been disbelieved. The Court has found that the plaintiff was not ready and willing to perform his part of the contract. The same is based on appreciation of evidence. The evidence will require re-appreciation at the hands of this Court in first appeal. During the pendency of the appeal it would be necessary to protect the property which is the subject matter of the dispute. Shri Kalani, learned counsel for respondents states that, the decree has been passed in their favour on merits and as such, no injunction be granted. 2. Taking into account the aforesaid facts and circumstances, the respondents are restrained from creating any third party interest or changing the nature of the suit property during the pendency of appeal in whatsoever manner. The applicant/appellant to furnish private paper book within a period of eight weeks from today. Print dispensed with. Liberty to respondents to move for early hearing after the paper book is filed by the appellant. The Civil application is disposed of. [S. V. GANGAPURWALA, J.] bsb/Sept. 10