:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9325 OF 2007 Machindra Pandit Thorat ..Petitioner Vs. Shankar Narayan Kadam and ors. ..Respondents Mr. S.A. Sawant for petitioner. Mr. R.S. Kate for respondent no.1. CORAM: B.H. MARLAPALLE, J. CORAM: B.H. MARLAPALLE, J. CORAM: B.H. MARLAPALLE, J. Date : March 31, 2008. Date : March 31, 2008. Date : March 31, 2008. P.C.: P.C.: P.C.: 1. Heard Mr. Sawant the learned counsel for the petitioner - plaintiff. Initially, the application at Exh.5 in RCS No. 129 of 2005 was allowed by the trial court and the defendant no.3 was temporarily restrained from carrying out any construction in the suit land as per the order dated 9/9/2005 and it was confirmed on 16/12/2005. The said order came to be challenged in Misc. Civil Appeal No. 2 of 2006 by defendant no.3 and the learned District Judge -1 at :2: Baramati allowed the said appeal by his Judgment and Order dated 18/10/2007. Hence, this petition under Article 227 of the Constitution. 2. The Lower Appellate Court noted that defendant no.2 had admitted to have handed over the possession of the suit land to defendant no.3 in pursuance of the registered Sale Deed and there was no prima facie document in support of the contention of the plaintiff that he had received possession in response to the original agreement for sale signed in the year 1999. In addition, the Competent Authority had granted permission to defendant no.3 by sanctioning the plans etc. and, therefore, the Lower Appellate Court did not agree with the order of blanket injunction granted by the trial court restraining the defendant no.3 from proceeding with the construction. 3. Ends of justice would be met if the defendant no.3 is not allowed to create any third party interest during the pendency of the suit, without the leave of the trial court and the suit is decided expeditiously. :3: 4. Hence, the petition is disposed off by the following order:- (a) The defendant no.3 shall not create any third party interest or alienate the property by any means during the pendency of the suit without obtaining leave from the trial court. (b) RCS No. 129 of 2005 be heard and decided as expeditiously as possible and preferably before 31st December, 2008. (c) The defendant no.3 will not claim any equity on the basis of the order of interim relief. . Writ to go to the trial court forthwith. (B.H. Marlapalle,J.) (B.H. Marlapalle,J.) (B.H. Marlapalle,J.)