1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.5970 OF 2005 IN FIRST APPEAL NO.2434 OF 2005 Nanjibhai Ratanshi Patel .... Applicant Vs. Dnyaneshwar Dhonduji Dongare (deceased) through his LRs. .... Respondents Ms. Pallavi Dabholkar i/by Mr. G.S.Godbole, Advocate for Applicant. Mr. U.B. Nighot, Advocate for respondents No. 1 to 6. Coram : SMT. R.P. SONDURBALDOTA, J. Date : 8th December, 2008 P.C. 1. In an appeal arising out of decree granting specific performance of the agreement of sale, the applicant seeks interim relief of stay of operation of the impugned judgment and decree. The applicant is in possession of the suit property. Since the decree is directing completion of transaction of sale, if the order of stay was not granted, the appeal will become infructuous. Mr. Nigot, the learned Counsel for respondents no. 1 to 6 prays that by way of condition to the interim relief, the applicant be directed to not to create any third party rights over the suit property. Hence, the Civil Application is allowed in terms of prayer clause (a) on condition that the applicant does 2 not create any third party rights over the suit property. (SMT. R.P. SONDURBALDOTA,J)