: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.574 OF 2008 ALONGWITH CIVIL APPLICATION NO.669 OF 2008 Manas Hills & Shore Resorts Ltd. .. Appellants V/s. Dhondu Arjun Yadav .. Respondent Mr. M.M. Sathaye for the Appellants. Mr. M.S. Karnik for the Respondent. CORAM : SMT. NISHITA MHATRE, J. DATED : 25 TH JANUARY, 2010. P.C.: 1. The Appeal from Order has been preferred against the order dated 13th December, 2007, passed by the Joint Civil Judge, Senior Division, Nashik, in Special Civil Suit No.458 of 2006 by which Exhibits “5” and “19” have been rejected. Thus, the injunction sought against the respondent restraining him from creating third party rights with respect to the suit property has been refused. 2. The main contention of the appellants is that against the total sale consideration of Rs.20 lacs, an amount of Rs.1,11,000/- has been paid as earnest. It is, therefore, submitted that the : 2 : possibility of the respondent creating third party rights in future cannot be ruled out and, therefore, the appellants’ right to be protected. 3. In my opinion, there is no need to entertain the Appeal from Order. The trial Court has rightly refused the injunction since the agreement of sale is dated 20th January, 1998. The trial Court has observed that the appellants-plaintiffs have taken no steps to have the sale deed executed or to file a Suit till 2006. 4. In these circumstances, the Appeal from Order is dismissed. 5. However, the amount of Rs.1,11,000/- shall be deposited by the respondent in the trial Court within a period of four weeks from today. 6. In view of the above, Civil Application No.669 of 2008 pending in the Appeal from Order does not survive and the same is dismissed. .......