1 ao138-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION rpa APPEAL FROM ORDER NO.138 OF 2010 ALONGWITH CIVIL APPLICATION NO. 199 OF 2010 Prabhakar N. Adhav .. Appellant V/s. Pramod K. Kankariya & Ors. .. Respondents ..... Mr. Anilkumar Patil for the appellant. Mr. V. Z. Kankaria for respondent No.1. ..... CORAM : A. S. OKA, J. DATE : APRIL 15, 2011. P.C.:- Heard the learned counsel appearing for the appellant and the learned counsel appearing for the first respondent. The appellant is the original defendant No.1 in a suit filed by respondent No.1- original plaintiff. The suit was filed for specific performance of an agreement for sale of the immovable property. By the impugned order, the appellant has been restrained from creating third party interests in respect of the suit plots subject matter of the suit agreement and from raising loan over the suit plots. The said order 2 ao138-10 of temporary injunction is operative till the disposal of the suit. 2. After having heard the learned counsel appearing for the parties, I find that no case is made out for interfering with the discretionary order passed by the trial Court. The learned trial Judge has considered the relevant clauses of the suit agreement. It is found that a sum of Rs.4 lakhs has been paid to the appellant under the suit agreement. The trial Court found that in respect of certain part of the property subject matter of the suit agreement, third party interests have been created. Hence, for protecting the suit property, till the disposal of the suit, discretionary and equitable relief of temporary injunction has been granted. As far as creation of charge on the suit plots for rising loan is concerned, if occasions arises in future, the appellant can always apply to the trial Court for seeking necessary permission and if such application is made, the same shall be considered on its own merits. 3. Hence, subject to what is observed above, Appeal From Order is dismissed. 3 ao138-10 4. All contentions of the parties on merits are kept open. 5. Civil Application No.199 of 2010 does not survive and the same is disposed of. JUDGE