SM 1 14.ao.532.10.ca.685.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 532 OF 2010 WITH CIVIL APPLICATION NO. 685 OF 2010 IN APPEAL FROM ORDER NO. 532 OF 2010 Mr. Sanjay Pannalal Nahar ....Appellant Versus Hiralal Gulabchand Karnawat and others ....Respondents ____________ Shri. R. R. Soni, i/b M/s. Ram & Co. for the Appellant. Shri. S. R. Ganbavale for the Respondent Nos. 1, 3, 4, 6, 7, and 8. Shri. Nikhil S. Kumavat for the Respondent Nos. 2 and 5. CORAM: J. H. BHATIA, J. DATED : 1 ST JULY, 2011. P.C.: The Plaintiff/Appellant filed Special Civil Suit No. 376 of 2008 for specific performance of contract for sale of certain suit property and in that suit, he sought temporary injunction restraining the Defendants from creating any third party interest, pending suit. Application for temporary injunction was rejected. Therefore, he filed this application. 2. The Defendants have several defences. According to SM 2 14.ao.532.10.ca.685.10 Defendant No. 2, he was not a party to the agreement. Another important defence is that there is a dispute about the same property with the Defence Department of the Government of India. As per the alleged agreement, unless the property is demarcated after settlement of dispute with the Defence Department, the Defendants are not in a position to dispose off the property in favour of any party. It appears that the suit filed by the Defendants against the Defence Department is dismissed, and their appeal is pending. In such circumstances, the Defendants are not in a position to dispose off the property or to create any third party interests. Therefore, present Appeal may be disposed off with the following directions: (i) The Defendants shall not create any third party interests in the suit property still disposal of Special Civil Suit No. 376 of 2008. (ii) The Civil Judge, Senior Division, Pune shall proceed with the Special Civil Suit No. 376 of 2008 and dispose off the same preferably within 6 months. (iii) The Appeal and Application stand disposed off accordingly. (J. H. BHATIA, J.)