1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR C.A.F. NO. 2122/2009 IN First Appeal No. 635 /1994 (Ramkrishna Wasudeo Admane VERSUS Motiram Rangbaji Bhange) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Gourkhede h/f Shri G. Mohd., counsel for the appellant. Shri P.S. Sadavarte, counsel for the legal heirs of respondent. CORAM : SMT. VASANTI A. NAIK, J. DATE : AUGUST 11, 2009. Heard the learned counsel for the parties. It appears that a decree of specific performance of contract is passed by the trial Court in favour of the respondent-plaintiff. This Court had, however, stayed the judgment and decree passed by the trial Court. By this civil application, the applicants seek a temporary injunction restraining the non-applicants- appellants and other four respondents-subsequent purchasers as also the Nagpur Municipal Corporation Authorities from demolishing the suit premises. This prayer and the prayers made in prayer clauses (iii), (iv) and (v) cannot be granted as they do not pertain to the cause of action, which is involved in the suit. 2 The applicants would, however, be entitled to grant of temporary injunction restraining the appellants and the subsequent purchasers from applying and obtaining building construction plans pertaining to the suit premises from the Nagpur Municipal Corporation authorities or any of the authorities and also to create any third party interest in the suit property as the decree of specific performance of contract is passed in favour of the applicants by the trial Court. The civil application is, therefore, allowed only to the extent of prayer clause (ii) made in the civil application. The civil application is disposed of. JUDGE APTE