: 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.1080 OF 2009 Manish Vrajlal Panchmatia ... Appellant V/s. M/s.Akaar Developers & Ors. ... Respondents Ms.R.C. Nichani for Appellant Mr.Prasad Dani for Respondent Nos.1, 2 & 3 Mr.N.B. Jadhav for Resp. Nos.4 & 5 CORAM: SMT.NISHITA MHATRE, J. DATED: NOVEMBER 10, 2009 P.C.: 1. The Appeal from Order challenges the order dated 25.8.2009 passed by the Civil Judge, Senior Division, Kalyan. The main grievance of the appellant who claims to have purchased the suit property from Respondent Nos.4 and 5 is that the order does not reflect the consideration of his rights while granting the interim relief. The plaintiffs before the trial Court claimed to be in possession of the suit property pursuant to an agreement for sale with Respondent Nos.4 and 5. It is contended that because the sale was not completed by Respondent Nos.1, 2 and 3 within the stipulated time and no consideration was paid to Respondent Nos.4 and 5 an agreement was arrived at by respondent Nos.4 and 5 with the appellant herein for sale of the same property. Thus, it was necessary for the trial Court to consider the rights of the appellant while granting the interim relief. : 2 : 2. Appeal from Order allowed. The impugned order is therefore set aside. The trial Court will hear and dispose of exhibit 5 after hearing the parties. The appellate Court will ensure that it considers the rights of the parties while disposing of the application. Status quo as of today be maintained with respect to the suit property. 3. Appeal from Order is disposed of accordingly.