: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 APPELLATE JURISDICTION CIVIL APPLICATION NO.3098 OF 2007 IN FIRST APPEAL NO.763 OF 1998 Naval V.Sanghavi since deceased through his L.Rs. ..Applicants. Vs. MahaduDada Darekar since deceased through his L.Rs. ..Respondents. Mr. Abhishek Pungliya for the Applicants. Mr. Tanaji Mhatungade i/by J.Deo for the respondents 1B and 1D. CORAM : R.S. MOHITE, J. DATE : 30th April,2008. P.C. P.C. P.C. 1. This is an application for injunction. The applicants are the legal heirs of the original plaintiff. The suit for specific performance was dismissed on 19.2.1997. The first appeal was preferred in 1998. Civil application was made in the year 1998 for injunction restraining the respondents from creating third party right being Civil Application No.7908 of 1998. The record indicates that the said civil application last appeared on 4.12.1998 and was thereafter not pursued. In the mean while the applicant No.1B expired and civil application was made for bringing his heirs on record. The said application :2: is still pending. Now this present civil application is made for seeking injunction. Merely because appeal is admitted, the applicants cannot sleep over their right for a decade and then seek relief. If they succeeds in the first appeal then transfer made during the pendency of the appeal will be covered by the principle of lis pendence. Hence, civil application is rejected. (R. S. MOHITE, J.)