: 1 : FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOBBY APPELLATE SIDE APPEAL FROM ORDER NO.317 OF 2008 WITH CIVIL APPLICATION NO.375 OF 2008 -------------------------------------------------------------- Office Notes, Office Memoranda Court’s or Judge’s orders of Coram, appearances, Court’s . orders or directions and . Registrar’s orders . -------------------------------------------------------------- Mr.Tushar Sonawane for the Appellant. CORAM : S.J. VAZIFDAR, J. DATED : 3RD JULY, 2008. P.C. : 1. Admit. 2. By an order dated 3.4.2008, the notice was issued stating that the matter may be disposed of finally at the admission stage. Despite being served, the Respondents are absent. 3. The suit is filed for specific performance of an agreement entered into between the Appellant and the : 2 : Respondent’s/Defendant’s mother. The learned Judge has observed that the transaction was concluded between the Appellant and the Respondent’s mother and that the same was also notarised. The learned Judge further observed that a sum of Rs.1,00,000/- out of the total consideration of Rs.5,00,000/- was paid. The Respondent’s mother expired in the year 2005. Further the learned Judge has rejected the application for interim reliefs on the ground that the Respondent not being a party to the agreement, it could not be presumed that she is bound by it. This would be incorrect. The Respondent claims through her mother. In any event, she is bound by the agreement. 4. In the circumstances, the impugned order is set-aside. Pending the hearing and final disposal of the suit, the Respondent shall not transfer, dispose of, alienate, encumber, part with possession of or create any third party right, title and/or interest in, to, upon or in respect of the suit property. : 3 : 5. No order as to costs. 6. The Appeal from Order is accordingly disposed of. The Civil Application is also accordingly disposed of.