1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR Civil Application (CAF) NO. 377 of 2010 in First Appeal No. 28 of 2005 (Ghanshyam Babulal Sahoo and others ...VERSUS... Smt. Sushila Wd/o Mohanlal Gupta & others) =-=-=---=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Office Memorandum of Coram appearances, Court's orders or directions & Registrar's orders. Court's or Judges Order =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Mr. J.J.Chandurkar, Advocate for Applicants Mr. V.M.Deshpande, Advocate for the respondent no.1A & 1B. C ORAM : Smt.Vasanti A. Naik, J. DATED : 25th March, 2010. Heard Mr.J.J.Chandurkar, the learned counsel for the applicants and Mr. V.M.Deshpande, the learned counsel for the non-applicants. By this civil application, the applicants seek temporary injunction restraining the respondent nos.1A and 1B from creating any third party interest in field survey No. 1/1E (Survey No.3/1-E as per Agreement of Sale Exh.64) in any manner whatsoever, during the pendency of the appeal. The applicants have annexed a copy of the newspaper showing the public notice issued by the respondents no.1A and 1B for sale of field survey No. 1/1-E. Mr. V.M.Deshpande, the learned counsel for respondent no.1A and 1B states that respondent nos.1A and 1B are not intending to sell the suit property, which 2 has survey No. 3/1-E and the public notice has nothing to do with the suit property. It is brought to the notice of this Court that the applicants had moved an application before the trial court for amendment of the plaint so as to substitute the words 'field survey no.3/1-E' by the words 'field survey no.1/1-E', but the said amendment was not allowed by the trial court and a ground in that regard is raised by the appellant before this Court. In case the amendment is allowed by this Court at the time of hearing, serious prejudice would be caused to the applicants in case respondents no.1A and 1B are permitted to sell the property bearing field survey no.1/1- E during the pendency of this First Appeal. Since, it is not disputed by the respondents that they are intending to sell field survey No.1/1-E, the prayer made by prayer clause 'A' of the civil application is granted. The civil application is allowed in the aforesaid terms and disposed of. JUDGE. Diwale