1 caf566-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION rpa CIVIL APPLICATION NO.566 OF 2011 IN FIRST APPEAL NO.325 OF 2011 Nathu Baburao Khadsale .. Applicant V/s. Malojirao Annaso Pisal & Anr. .. Respondents ..... Mr. Amit B. Borkar for the applicant. Mr. S. P. Thorat for the respondents. ..... CORAM : A. S. OKA, J. DATE : MARCH 25, 2011. P.C.:­ Heard the learned counsel appearing for the applicant and the learned counsel appearing for the respondents. The application for stay is opposed by the learned counsel appearing for the respondents. He submitted that the execution of agreement for sale is admitted by the applicant and a dishonest stand is taken in the pleadings by the applicant. His submission is that in view of the stand taken by the applicant, no case is made out for grant of interim stay. 2. A decree for specific performance has been passed against the applicant. The alleged suit agreement is dated 6th November, 1997. The 2 caf566-11 suit for specific performance has been filed on 16th October, 2006 after giving notice on 28th August, 2006. There are various issues which arise for determination in the Appeal. Hence, a decree for specific performance will have to be stayed subject to conditions. 3. Hence, Rule is made absolute in terms of prayer clause (b) subject to condition that the applicant will not create any third party rights in respect of the suit property and will not part with possession of the suit property in favour of any third party. JUDGE