1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 4872 OF 2008 IN FIRST APPEAL NO.2695 OF 2007 Madhukar Hari Mote & Ors. ....Applicants Versus Dattatraya Shankar Mote Since deceased through her Legal Heirs 1. Krishnabai Dattatraya Mote & Ors. ....Respondents Ms. Lalita Panchakshari for the Applicants. Mr. Jaydeep Deo for Respondent No. 2 to 4. Mr. P. K. Dhakephalkar i/b. M/s. Chitnis Vaithy & Co. for Respondent Nos. 23 to 29. CORAM : P. B. MAJMUDAR & R. V. MORE, JJ. DATED : 14th SEPTEMBER, 2009. P.C.: 1. By way of this Civil Application, the Applicants have prayed that during the pendency of this Appeal, the Respondents may be restrained from changing the status-quo of the suit property and the new purchasers may be allowed to be brought on the record of the First Appeal. The Purchasers have already been joined as Respondent Nos.23 to 29 in the Civil Application. The said Respondent Nos.23 to 29 are also allowed to be joined in the First Appeal 2 itself. The Civil Application to the extent of the said prayer is accordingly granted. The cause title of the First Appeal is permitted to be amended accordingly. 2. Mr. Dhakephalkar, Sr.learned Counsel, appearing for the newly added Respondent Nos. 23 to 29 submitted that the said Respondents have purchased the property after the decree of the Trial Court and at that time no injunction was in force, as according to him, after the decree of the Trial Court for a period of one year, injunction was in force. He submitted that the said Respondents are the bonafide purchasers and they purchased the property for the purpose of its development for which they are required to incur huge expenditure. The learned Counsel for the Purchasers submitted that as per the findings of the Trial Court, the Applicants have got no right in the property which the Purchasers have purchased. 3. We have heard the learned Advocates for the parties. Since the Purchasers have purchased the property after the decree of the Trial Court and before the injunction was granted by this Court, in our view, it would be just and proper to allow the said Respondents to develop the said property, as in case the Appeal is dismissed they may suffer great financial loss. In order to balance the equities, we permit the said purchasers to develop the property subject to the result of the First Appeal and after completing the construction before inducting anybody in the aforesaid property after its development, no third party interest will be created without obtaining the leave from this Court. No 3 interest and equities will be claimed only on the ground that the property is allowed to be developed, in case the Appeal of the Applicants is allowed by this Court. The Civil Application is disposed of, in the aforesaid lines with no order as to cost. Sd/- Sd/- (R. V. MORE, J.) (P. B. MAJMUDAR, J.)