: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.614 OF 2008 WITH CIVIL APPLICATION NO.712 OF 2008 Yunus Ahmad Mateen Mohd.Zahur Ahmad ....Appellant V/s. Sayyad Rafat Ali Sayyed Ali Khateeb ....Respondent Mr.I.M. Khairdi for the Appellant. Mr.P.M. Pradhan for the Respondent. CORAM : S.J. VAZIFDAR, J. DATED : 1ST OCTOBER, 2008. P.C. : 1. Admit and heard finally. 2. The impugned order was passed on the basis that the Appellant had violated the order of the status-quo dated 12.10.2005 by which both the parties were directed to maintain status-quo in respect of the suit property. 3. The Appellant states that it was through inadvertence, without realizing the purport of the said order that he in turn sold the property to a third party on 8.9.2006. I am informed that a suit has now been filed by the Respondent against the Appellant and the third party being Civil Suit No.217 : 2 : of 2006 in the Court of Civil Judge (S.D.) Solapur. In that suit by an order dated 31.10.2006, status-quo order has been passed against the Appellant and the third party. 4. Mr.Khairdi, the learned counsel appearing on behalf of the Appellant states that the third party has now filed an affidavit expressing his willingness to have the agreement between the Appellant and himself terminated. The affidavit is tendered in Court, taken on record and marked "X". However, it will be necessary for the Appellant to obtain a formal order in that regard in Civil Suit No.217 of 2006. It is agreed on behalf of the Respondent and it is so ordered by this order that if the third party desires to cancel the said agreement, he will be at liberty to do so despite the order of status-quo dated 31.10.2006. In that event, the contempt if any would be purged. The apology tendered to this Court is accepted. However, the apology will have to be tendered before the appropriate Court as well. In the event of the third party agreeing to have the transaction cancelled, liberty to the Appellant to make an application for raising the attachment. Till then, the attachment over the properties of the Appellant by the impugned order shall continue but the property shall not be sold. In the event of the said : 3 : transaction not being cancelled as stated above within eight weeks from today, the impugned order shall revive and shall be in force. It will also be open to the third party to appear before the trial Court in this suit to confirm cancellation of the said agreement. 5. In the circumstances, the Appeal from Order is accordingly disposed of. The Civil Application is also disposed of.