1 pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 4883 OF 2010 IN FIRST APPEAL NO. 1935 OF 2010 Dr.Rajkaran Amrej Singh ...Appellant/Applicant Versus Shri Santosh Budhaji Jadhav ...Respondent Ms. Gauri Godse for the Appellant/Applicant Mr.P.D.Dalvi for the Respondent CORAM:- A.V.NIRGUDE J. DATED:- 7th DECEMBER, 2011. P.C. 1. This application seeks order of temporary injunction directing the respondent not to create third party right in respect of the suit property. The appellant was plaintiff seeking specific performance of the agreement for sale. The learned Judge of the lower Court dismissed the suit mainly because the appellant plaintiff could not prove his readiness and willingness to perform his part of the 2 contract etc. The said transaction is admitted to the parties. Since the appeal is admitted, this court would examine the facts of the case to give its finding as to whether the appellant plaintiff could not prove his readiness and willingness to perform his part of the contract, but pending such position, the suit property deserves to be protected from getting alienated to an third party. The application is opposed strongly. Learned Counsel appearing for the respondent stated that a similar application was moved during the pendency of the suit and the same was rejected. He also mentioned that the appeal from Order filed by the appellant plaintiff against such order was also dismissed, but he admitted, on being asked, that the suit property, the agricultural land, is still with the respondent original defendant and he is cultivating it. This admitted fact would further support my view. Besides for avoiding further complications also the application deserves to be allowed. 2. Application is allowed in terms of prayer clause (a). (A.V.NIRGUDE, J.)