1 caf2441-11 rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURSIDICTION CIVIL APPLICATION NO. 2441 OF 2011 IN FIRST APPEAL NO. 1352 OF 2011 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. ..... Mr. S. A. Sawant for the applicants. Mr. Jaydeep Deo for respondent Nos. 1 and 2. ..... CORAM : A.S.OKA, J. DATE : JULY 22, 2011. P.C.: Heard the learned counsel appearing for the first respondent. The suit filed by the applicant for declaration and perpetual injunction has been dismissed. The declaration of illegality was sought as regard sale deed dated 26th October, 2006 executed by third to sixth respondents in favour of the first and second respondents. The suit has been dismissed on merits by the impugned decree. Admittedly, during the pendency of the suit, there was no 2 caf2441-11 interim injunction or interim relief granted against the respondents. Therefore, no case is made out for grant of interim relief. However, if any third party rights are created by the respondents, the same will be subject to further orders which may be passed in the Appeal. In that event, the respondents desire to create third party rights, they will give notice of the pendency of the Appeal to the proposed transferee. Subject to aforesaid directions, the application is disposed of. (A.S.OKA, J.)