:1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE APPELLATE APPELLATE CIVIL JURISDICTION CIVIL JURISDICTION CIVIL JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO. 1125 OF 2006 APPLICATION NO. 1125 OF 2006 APPLICATION NO. 1125 OF 2006 IN IN IN SECOND SECOND SECOND APPEAL NO. 749 OF 2006 APPEAL NO. 749 OF 2006 APPEAL NO. 749 OF 2006 .......................................................... Office Notes, Office Memorandum of Coram, appearance, Court’s Court’s or Judge’s orders or directions and orders Registrar’s orders .......................................................... Mr. V.B. Naik for the Applicant. Mr. A.S. Desai for Respondents 1 to 5. CORAM CORAM CORAM : A.S. OKA, J. : A.S. OKA, J. : A.S. OKA, J. DATE DATE DATE : 21ST FEBRUARY 2008 : 21ST FEBRUARY 2008 : 21ST FEBRUARY 2008. P.C. P.C. P.C. : : : . Rule. The Advocate for Respondent Nos. 1 to 5 waives service. 2. The Second Appeal challenging decree for specific performance has been admitted for final hearing. Hence, interim relief as prayed will have to be granted subject to certain conditions. Hence, I pass the following order :- (i) There will be interim relief in terms of prayer clause (c), subject to condition of the :2: Applicant filing in this Court an undertaking in writing within a period of six weeks from today, stating that the Applicant will not create any third party interests and will not part with possession of the suit property in favour of any third party till the final disposal of the First Appeal. In case, an undertaking is not filed within the period of six weeks from today, the interim relief will stand vacated without further reference to the Court. (ii) In case, the Applicant commits any breach of the aforesaid undertaking, it will be open for the Respondents to apply for interim relief. (iii) There shall be no orders as to costs. JUDGE JUDGE JUDGE