1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION FARAD FARAD FARAD CONTINUATION SHEET CONTINUATION SHEET CONTINUATION SHEET CIVIL CIVIL CIVIL APPLICATION NO.891 OF 2003 APPLICATION NO.891 OF 2003 APPLICATION NO.891 OF 2003 IN IN IN FIRST FIRST FIRST APPEAL NO.756 OF APPEAL NO.756 OF APPEAL NO.756 OF 2004 2004 2004 ............................................................. Office Notes,Office memorandum of Coram, appearances,Court’s Court’s or orders or directions Judge’s orders & Registrar’s orders. ............................................................. CORAM: CORAM: CORAM: A.S.OKA, J. A.S.OKA, J. A.S.OKA, J. DATED: DATED: DATED: AUGUST 16, 2004. AUGUST 16, 2004. AUGUST 16, 2004. P.C.: P.C.: P.C.: 1. Rule. The Respondents waive service. The Decree is for specific performance of Agreement dated 8th December 1999. Admittedly, the Respondents-original Plaintiffs are in possession of the suit premises. 2. As the First Appeal is admitted for final hearing, decree cannot be allowed to be executed. Hence, Application is disposed of by passing the following order: 2 i) Ad-interim order passed by this Court on 19th March 2003 will continue to operate as interim order subject to the following conditions: a) The Applicants/Appellants will not disturb the possession of the Respondents over the suit premises in any manner whatsoever and the Applicants will not create any third party interests in respect of the suit premises. b) If any breach is committed by the Applicants/Appellants, liberty to the Respondents to apply for vacating the interim relief. No order as to costs. Judge. Judge. Judge.