: 1 : Dixit IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.735 OF 2007 CIVIL APPLICATION NO.735 OF 2007 CIVIL APPLICATION NO.735 OF 2007 IN IN IN SECOND APPEAL NO.389 OF 2007 SECOND APPEAL NO.389 OF 2007 SECOND APPEAL NO.389 OF 2007 Bajirao Bhiva Gaikwad & Ors. ...Applicants V/s. Manohar Baburao Khamkar & Anr. ...Respondents Mr.Amit Borkar, Advocate, for the Applicants. Mr.R.G. Ketkar, Advocate, i/b. R.S. Khadapkar, for Respondent No.1. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. DATE : 10TH JANUARY, 2008. DATE : 10TH JANUARY, 2008. DATE : 10TH JANUARY, 2008. P.C.: P.C.: P.C.: 1. Rule. The learned Advocate for the 1st respondent waives service. Taken up for hearing immediately. Second Appeal has been admitted for final disposal. 2. The decree is for specific performance of agreement of sale. Therefore, the said decree will have to be stayed. Hence, there will be interim relief in terms of prayer clause (a) subject to condition that the applicants will not create any third party interests in respect of the suit property and will not part with possession of the suit : 2 : property. 3. In case the applicants commit breach of any of the said conditions, liberty to the 1st respondent to apply for vacating the interim relief. 4. There will be no order as to costs. [ABHAY S. OKA, J.] [ABHAY S. OKA, J.] [ABHAY S. OKA, J.]