1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 12485 OF 2009 IN FIRST APPEAL NO. 666 OF 2004 Rajendra Vithal Argade, through Power of Attorney Holder, Vithal Ganpat Argade and another .. .. Applicants Versus Prashant Nivrutti Khedkar, and another .. .. Respondents Shri A. K. Gugale, Advocate h/f Shri B. V. Wagh, Advocate for the Applicants. Shri A. N. Nagargoje, Advocate for the Respondents No. 1 and 2. CORAM : N. D. DESHPANDE, J. DATE : 01ST DECEMBER, 2009. ORAL ORDER : 1. Heard Shri Gugale, learned advocate h/f Shri B. V. Wagh, learned advocate for the applicants/appellants and Shri Nagargoje, learned advocate for the respondents No. 1 and 2. This is an application for restraining the respondents/decree holders who are original plaintiffs from alienating the property by sale or otherwise pending hearing of the first appeal. 2 2. The first appeal is admitted. I have heard both the parties. Admitted position is that despite decree of specific performance against the appellant/defendant, he sold the property. Earlier also the stay was refused by this Court on the very ground that appellant had sold out the property when the suit was decreed against him. The present application though for injunction is in the same nature of stay and I find no substance in the submissions. Certainly, equities are not in favour of the appellant, but knowingly sold the suit property in order to defeat the execution of the decree for specific performance of contract. 3. It is also informed that respondents/decree holders got the sale deed through the Court. No case is made out for injunction as prayed. The application for injunction stands rejected and accordingly disposed of. 4. As the civil application is rejected the appeal be taken up for final hearing expeditiously to avoid any further delay and cause prejudice to the respondent. Shri Nagargoje, learned advocate for the respondents has no objection for expeditious disposal of appeal as the respondents in the light of registered sale deed which he received through Court for further confirmation and for disposal of the suit property in case respondent so desires. 5. Thus, the dispute is very narrow and appeal is taken up for final hearing after winter vacation. The appellant is directed to supply private paper book, as it appears that he is eager to get his 3 appeal decided. The appellant further undertakes that he would not ask for the amount which is deposited in the Trial Court by the respondents for getting the sale deed executed and registered in his name through Court, as the suit property was transfered by him pending litigation and after decree was passed against him for specific performance. Fix the appeal for final hearing after winter vacation. [ N. D. DESHPANDE, J.] bsb/Dec.09