1 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 263 OF 2009 Sushama Sudhakar Kadam & anr. ... Appellant v/s Naresh bhai Patil & ors. ... Respondents Mr.B.Unnikrishnan for the appellant. Mr.Ajit J. Kenjale for Respondent Nos.1 to 7. Mr.P.S.Gole for respondent Nos.8 to 11. CORAM: SMT.NISHITA MHATRE, J. DATED: 9TH NOVEMBER, 2009 P.C.: 1. The present appeal from order has been filed against the order of the Civil Judge, Sr.Divn., Vasai, in Special Suit No.133 of 2008 2. The appellants contend that they had entered into an agreement to purchase the land which was owned by respondent Nos.1 to 5. By a subsequent agreement they 2 entered into a supplementary agreement and as a result of these two agreements they have paid the owners of the land an amount of Rs.35,25,327/- upto 24.10.2005. It is contended that it was only because certain conditions which were required to be fulfilled by the vendors that the conveyance was not completed. It appears that the vendors have then sold the land to respondent No.6 who is the son of respondent No.1. He in turn sold the land to respondent Nos.7 to 11. Respondent Nos.7 to 11 are in possession of the suit land and have commenced construction on the suit land. 3. In my view, the present appeal from order can be disposed of by the following order :- (i) Respondent Nos.1 to 5 shall deposit in the Trial Court an amount of Rs.35,50,000/- within four weeks from today. This amount shall be invested by the Trial Court in a nationalized bank for an initial period of six months to be renewed thereafter during the pendency of the suit. (ii) Since the construction has already commenced on the suit land, in the event the respondent Nos.7 to 11 part with the possession of the premises or create third party rights, the pendency of the present suit will be mentioned in 3 the agreement/conveyance and the third party will be informed that his rights would be subject to the result in Special Suit No.133 of 2008. 4. Civil Application No.310 of 2009 also stands disposed of in view of disposal of the appeal from order. ..... 4