1 caa1765,1766,1719,1720,1721 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION C.A.A.No.1765 OF 2010 IN A.O.NO.1427 OF 2010, M/s.Sharma Realty Pvt.Ltd. ...Applicant vs. Usha Umesh Rajshirke ...Respondent WITH C.A.A.No.1766 OF 2010 IN A.O.NO.1428 OF 2010 M/s.Sharma Realty Pvt.Ltd. ...Applicant vs. Rameshchandra Sharma and Anr. ...Respondents WITH C.A.A.No.1719 OF 2010 IN A.O.NO.1396 OF 2010, M/s.Sharma Realty Pvt.Ltd. ...Applicant vs. Mrs.Suryabahadur D.Singh ...Respondent WITH C.A.A.No.1720 OF 2010 IN A.O.NO.1397 OF 2010, M/s.Sharma Realty Pvt.Ltd. ...Applicant vs. Prakashchandra Sitaram Shukla ...Respondent WITH C.A.A.No.1721 OF 2010 IN A.O.NO.1398 OF 2010 M/s.Sharma Realty Pvt.Ltd. ...Applicant vs. Nagendra C. Khanvilkar ...Respondent Mr.N.V.Walawalkar, Sr.Counsel with Mr.Pravin Kamble for the applicant Mr.G.C.SIngh for the respondent 2 caa1765,1766,1719,1720,1721 CORAM : A.S.OKA,J. DATE : APRIL 11,2011 P.C.: 1 Heard learned senior counsel for the applicant and the learned counsel for the original plaintiffs. Perused the impugned order. By the impugned order, prayer clauses a(i), (c) and (d) of the notice of motion have been granted. As far as prayer clause a(i) is concerned, drastic relief of directing the appellant to execute an agreement for sale has been granted. The suit is yet to be heard and hence the operation of that part of the impugned order will have to be stayed. As far as grant of prayer clause (c) is concerned, no interference can be made at this stage. As far as prayer clause (d) is concerned, permission will have to be granted to the appellant/applicant to apply to this Court for grant of permission for transferring the development rights. 2 Hence, civil applications are disposed of by passing the following order : i) The operation of that part of the impugned order by which prayer clause a(i) of the notice of motion has been granted will remain stayed till the disposal of the suit or till the disposal of the appeal, whichever is earlier. ii)Injunction granted in terms of prayer clauses (c) and (d) of the notice of motion will continue to operate till the disposal of the appeal or till the disposal of the main suit, whichever is earlier. iii)However, it will be open for the appellant to apply to this Court for grant of permission for transfer of the project of development to any third 3 caa1765,1766,1719,1720,1721 party. iv)The suit will be decided on its own merits without being influenced by grant of limited interim relief. JUDGE