pvr １ apl430-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL (Lodg) NO.430 OF 2011 IN NOTICE OF MOTION NO. OF 2011 IN SUIT (Lodg) NO.1224 OF 2011 Nitin D.Patel, HUF. ...Appellant vs. Ketan Baldevdas Mistri. ...Respondent --- Mr.A.Y.Sakhare, Sr.Advocate i/b. Mr.S.D.Mishra, for Appellant. Mr.R.A.Shah i/b. M/s.Mansukhlal Hiralal & Co., for Respondent. --- CORAM: D.K.DESHMUKH & ANOOP V. MOHTA, JJ. DATED: 23rd August,2011. P.C.:- 1. Admit. Heard finally by consent of the parties. pvr ２ apl430-11 2. By this appeal, the original defendant challenges ad-interim order dated 17.6.2011. The plaintiff has approached the Court for decree of specific performance of an oral agreement for sale of a flat. According to the plaintiff, the total agreed consideration is Rs.26,30,000/-, out of which an amount of Rs.5,25,600/- has been paid by the plaintiff to the defendant as earnest money. The plaintiff is, therefore, seeking decree of specific performance. The case of the defendant is that the defendant has already sold that flat to one Mrs.Bharti Makani for consideration of Rs.43,20,200/-. The learned Single Judge has granted an order of temporary injunction restraining the defendant from alienating the flat. The learned Single Judge, however, has clarified that the temporary injunction will not operate against the transferee Mrs.Bharti Makani and the defendant has also been directed to deposit the amount of Rs.43,20,000/- which Mrs.Bharti Makani is pvr ３ apl430-11 supposed to have paid to the defendant. 3. We have heard the learned Counsel appearing for both the sides. In our opinion, considering that the plaintiff was seeking a decree of specific performance of an oral agreement to sell a flat and that it was the case of the defendant that the defendant has not yet received full amount of consideration from Mrs.Bharti Makani, there was no justification for the learned Single Judge to order the defendant to deposit the amount of Rs.43,20,000/- as a condition for grant of ad-interim order in favour of the plaintiff. In our opinion, in the facts and circumstances of the case, following order would meet the ends of justice:- Order impugned in the appeal is set aside. As and by way of ad-interim order, the defendant is restrained from transferring or creating further third party rights in respect of pvr ４ apl430-11 the suit flat, subject to the condition that the plaintiff within a period of four weeks from today deposits in this Court with due intimation to the defendant an amount of Rs.26,00,000/- (Rupees Twenty Six lakhs only) which is the balance amount of consideration, according to the plaintiff. Hearing of the notice of motion is expedited. The appeal is disposed of. (D.K.DESHMUKH, J.) (ANOOP V.MOHTA, J.)