1 931.11-ao IN THE HIGH COURT OF JUDICATURE AT BOMBAY. APPELLATE JURISDICTION. APPEAL FROM ORDER NO. 931 OF 2011 Baldev Singh Jaggi. ... Appellant. V/s. Rasiklal Shantilal Joshi and others. ... Respondents. Dinesh C. Shah for the appellant. Vijay Killedar for respondent No.1. CORAM: R.M.BORDE, J. DATED : 14th November 2011. P.C. : The appellant is aggrieved by the direction issued by the trial Court in para-3 of the order passed while disposing of application at Exh.5 in Special Civil Suit No.370/2011. The defendants are temporarily restrained from disposing of the suit property or from creating third party interest till the disposal of of the suit. However, the appellant/ original plaintiff is directed to furnish a bank guarantee in the sum of Rs.40 lakh by way of security within a period of one month from passing of the order. The appellant/plaintiff was permitted to deposit Rs.40 lakh with the trial Court in lieu of furnishing bank guarantee and the plaintiff has, accordingly, deposited the said amount with the trial Court. 2 931.11-ao 2. The amount deposited with the trial Court shall be invested in any nationalised bank, initially, for a period of three years and the said investment shall be renewed from time to time till the disposal of the suit. The condition imposed by the trial Court in respect of furnishing of bank guarantee of Rs.40 lakh stands waived in view of deposit of the said sum by the plaintiff in the trial Court. The plaintiff shall be at liberty to move an application to the trial Court seeking appropriate relief, if he so desires. 3. Appeal from order stands disposed of. No order as to costs. 4. In view of disposal of appeal from order, pending civil application does not survive and stands disposed of accordingly. (R.M.BORDE, J.)