1 SNS IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CIVIL JURISDICTION APPEAL FROM ORDER NO.1191 OF 2010 WITH CIVIL APPLICATION NO.1474 OF 2010 Mr. Vasudeo G. More and Ors. ...Appellants. v. Mr. Suresh L. Agarwal and Ors. ...Respondents. Mr. K.S.Dewal ,adv. For the Appellant. Mr. P.B.Shah i/by Ms Smita Mane, advs. For the Respondent No.1. CORAM : J.H. BHATIA, J. DATED : JUNE 28, 2011. P.C. 1 Heard the learned counsel for the parties. Respondent no.1, who is the plaintiff has filed suit for specific performance of the contract for sale of land on the basis of a receipt dated 25th December,2009. As per that receipt, defendants/appellants had received Rs.5,00,000/- and the balance amount of Rs.1,48,00,000/- was to be paid within two months and the time was essence of the contract. As per the said receipt, the plaintiff was given liberty to give public notice to call objections, if any. It appears that certain objections were received to the effect that about the said property already a gift deed was executed. It appears that in view of this, it was not possible for the plaintiff to purchase the property. However, still he filed suit for specific performance. Prima-facie, the 2 receipt shows that it was a step forward towards the agreement for sale and the final agreement for sale was to take place only after the issuance of public notice calling objections. As there were objections, contract could not have been entered into between the parties. Anyhow, the trial Court directed the defendants not to create any third party interest pending the suit while the plaintiff has not paid the balance amount of Rs.1,48,00,000/- within the specified period of two months. The learned counsel for the plaintiff/respondent on instructions from his client makes a statement that he will deposit the balance amount with the trial Court within 15 days to show bonafides. 2 In view of the above, with consent of the learned counsel for both the parties subject to the plaintiff depositing the balance amount of Rs.1,48,00,000/- (Rupees One Crore Forty Eight Lacs Only) with the trial Court within 15 days from this date, interim order of injunction restraining the defendants from creating any third party interest in the suit property shall continue to be in force till the decision of the suit. The Civil Judge Senior Division, Thane shall expedite the hearing of the Special Civil Suit No.433 of 2010 and dispose off the same as early as possible and preferably within one year . In case, the plaintiff fails to deposit amount within stipulated period, injunction shall stand vacated. 3 3 Appeal and the application stand disposed off accordingly. (J.H. BHATIA,J.)