1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR Misc. Civil A. (Review) NO. 766 of 2010 in Appeal Against Order No.79 of 2010 Aslam Khan Rashid Khan & Others -Versus- Neeraj Ramdas Bankar & Ors. Office Notes, Office Memoranda of Coram, appearances, Court orders or directions and Registrar's orders Court's or Judge's Orders Mr. J. Ahmed, learned counsel for Petitioners. Mr. Salim Khan, learned counsel for Respondent no.1. Mr. S.M. Puranik, learned counsel for Respondent no. 2 to5. CORAM: .R. K. DESHPANDE J. Dated: 4 th October, 2010. By this application the applicant who has entered into an agreement to purchase the suit property with the original defendant nos. 2 to 5 in Spl.C.S. no.1245/2008, is seeking review of the order dated 29th July, 2010 passed by this Court in Appeal Against Order no. 79of 2010. The applicant was not party to Appeal Against Order no. 79/2010 nor he was party defendant joined in Spl. C.S. No. 1245/2008. Mr. Salim Khan, the learned counsel for the respondent no.1, makes a statement that he has filed an application for joining 2 the present applicant as party defendant in the civil suit. Learned counsel for the applicant and the original defendants do not dispute this position. The orders are not yet passed on that application. By an order dated 29th July, 2010, passed in Appeal Against Order no. 79/2010, this court has passed conditional order directing the plaintiff to deposit an amount of Rs. 15,00,000/- and upon such deposit it was directed that the defendants shall not create third party right in the suit property. If the applicant in the present Misc. Civil Application is allowed to be joined as defendant in the suit, then he will be bound by the order dated 29th July, 2010. Shri Ahmad, learned counsel appearing for the applicant submits that the applicant shall not create third party interest to the suit property although the applicants are in possession of the suit property. However, the complaint is made by the applicant and the defendants that under the garb of this order dated 29th July, 2010, the plaintiff is trying to create third party interest in the suit property and, therefore, the plaintiff is required to be restrained from creating any such interest in the suit property. In view of the aforesaid statement made on behalf of the applicant that no third party interest shall be created, there is no question of modifying or reviewing the order dated 29th July, 2010 passed by this court in Appeal Against Order no. 79/2010. However, it is made clear that if there is any complaint that the plaintiff is trying 3 to create third party interest in the suit property, then it shall be open for the defendant and the applicant in the present case to file appropriate application before the court for grant of an injunction which shall be considered by the trial court in accordance with law. With this observation, the present revision application stands disposed of. JUDGE Hirekhan