1 nma3248.10.sxw ssm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 3248 OF 2010 IN APPEAL NO. 1087 OF 2010 IN SUIT NO. 1313 OF 1979 Devkunvar Pranlal Jogi & Ors. ....Appellants. Vs. Rekha Shrichand Punjabi ....Respondent. Mr. A.Y. Sakhare, Sr. Advocate with Mr. Arvind G. Shah and Mr. Sandip A. Shah for the Appellants. Mr. Dinyar D. Madon, Sr. Advocate i/by M/s. Wadia Ghandy & Co. for the Respondent. CORAM : DR. D.Y. CHANDRACHUD AND ANOOP V. MOHTA, JJ. DATE : NOVEMBER 29, 2010 P.C.: The Motion for interim relief arises out of an Appeal filed against a decree for specific performance. The case of the Appellants, the Applicants to the Motions, is that the First Defendant was not a party to the agreement. The agreement refers to an oral understanding as to certain terms and conditions. The question as to whether the oral agreement has been established or not would be 2 nma3248.10.sxw ssm considered at the hearing of the Appeal. The Appeal has been admitted on 21 July 2008. In the circumstances, we dispose of this Motion by directing that pending the hearing and final disposal of the Appeal, there shall be a stay to the execution dated 21 September 2007. However, having regard to the circumstances and the fact that the suit is of the year 1979, we direct that the Appeal be placed on board, peremptorily, at the end of the admission Board on 10 January, 2011. The Stay which has been granted, shall however, be on condition of the Appellants not creating any further third party rights and interest in the property. 2 The Motion is disposed of. No costs. (ANOOP V. MOHTA, J.) (DR. D.Y. CHANDRACHUD, J.)