IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 2951 OF 2007 IN SUIT NO. 511 OF 2005 Shri Laxmichand Ratanshi Gada... ...... ......Plaintiff. V/s Shri Manoj Gulraj Chainani & Ors. ...... ......Defendants. Mr.Zuben Beharamkamdin i/by Vimla & Co., Adv. for the plaintiff. Mr.H.P.Vyas with Ms.A. Bhaktwani, Adv. for the defendant Nos.1 & 2. Mr.S.P.Kanuga, Adv. For defendant No.3. Mr.M.J.Vishwakarma, Adv. For defendant Nos. 4 & 5. CORAM: A.P.DESHPANDE, J. 23.6.08 PC: Counsel for the plaintiff restricts his prayer to prayer clause (a) of the notice of motion whereby essentially defendants 4 and 5 are sought to be restrained from creating third party rights and/or parting with possession of the suit premises till decision of the suit. Suit is for specific performance of the agreement allegedly entered into with plaintiff by defendants 1 and 2. Defendants 1 and 2 have transferred the suit flat before instituting the suit in favour of defendants 4 and 5 and thus said defendants are in physical possession of suit flat. It is obvious that multiplicity of litigation need to be avoided during pendency of the suit. According to the learned counsel for defendants 1 4 and 5 said defendants are bonafide purchasers for value without notice and thus the agreement on the basis of which the suit has been filed does not bind them. Be that as it may, the defendants 4 and 5 for the present do not intend to create any third party interest which fact is revealed from para 10 of the affidavit in reply filed by defendants 4 and 5. In the result I pass the following order: Defendants 4 and 5 are restrained from creating any third party interest and/or handing over possession of the suit premises to third party without leave of the Court. Motion stands disposed of accordingly. 23.6.08 2