* 1 * FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2364 OF 2009 IN FIRST APPEAL NO. 848 OF 2009 [ Anand Dattaram Matkar V/S. Gawade Constructions Pvt.Ltd] Office Notes,Office Memoranda of Coram, appearances, Court’s order or Court’s or Judge’s orders directions and Registrar orders Mr.Kishore Patil, i/by.Shriram S.Redi,adv.for applicant. Mr.G.M.Joshi,adv.for respondent. CORAM: SMT.R.P.SONDURBALDOTA, J. DATED: 17TH JULY, 2009. P.C. : 1. Heard counsel for both sides. 2. This Civil Application is taken out for an injunction to restrain the respondent from creating any third party rights over the suit flat during the pendency of the appeal. The present appeal is filed against dismissal of the suit seeking essentially specific performance of an agreement of sale of a flat. * 2 * It has been held by the trial court after assessing the evidence, that the appellant was not ready and willing to perform his part of the contract, i.e. payment of the consideration amount. In that circumstance, on the appellant depositing a sum of Rs.25,00,000/- (Rs.Twenty Five Lakh only) in the court consisting of the original consideration of Rs. 19,50,000/- (Rs.Ninteen Lakh Fifty Thousand only) and the balance amount partly towards the interest payable thereon, within a period of 4 weeks from today, there shall be interim order in terms of prayer clause (a). In the event, the appellant fails to deposit the amount of Rs.25,00,000/- (Rs.Twenty Five Lakh only) within the time granted, the interim order to stand vacated without any further reference to the court. With this, the Civil Application stands disposed off. [JUDGE]