1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.740 OF 2009 Mrs.Padma Subhash Mutha ..Appellant V/s. Smt. Sitabai Ramchandra Nagpure & Ors. ..Respondents ---- Mr.Pratap Patil for the appellant. Mr.A.A.Kumbhakoni with Mr.Tushar Sonawane for respondent nos.6 & 7. ---- Coram : R.S.MOHITE,J Date : 29th July, 2009. PC 1 Heard both sides. This Appeal has been filed by the original plaintiff against an order dated 8.5.2009 passed by the C.J.S.D., Nasik rejecting his application at Exhibit-5. The said application was for grant of temporary injunction against defendant nos.6 & 7 from carrying out any development. Advocate for the appellant states that his client has paid an amount of Rs.12,00,000/-. Out of this, Rs.3,00,000/- was paid to defendant no.1 and remaining amount was paid to the defendant no.9 who was the broker in this transaction. This position is disputed. It also appears that these payments have been made in the years 2006-2007. Advocate for the appellant states that the injunction has been refused without securing the rights of the original plaintiff. He prays that even if injunction 2 is not granted, the rights of his client should be secured. Taking into account that the payments have been made in the year 2007, though the order is confirmed, it is directed that the original defendant nos.6 & 7 will deposit an amount of Rs.5,00,000/- in the trial Court within a period of four weeks from today and within this period will also provide a further bank guarantee for an amount of Rs.10,00,000/-. Till the amount is paid and bank guarantee is given, defendant nos.6 & 7 will maintain status-quo as of today. On making the payment and furnishing the bank guarantee, they will be entitled to develop the property and to create third party rights in accordance with law. The amount of Rs. 5,00,000/- if deposited, will be invested in any nationalised bank initially for a period of one year and deposit will be renewed from time to time. Subject to these directions, Appeal from Order stands disposed off. (R.S.MOHITE,J)