: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.331 OF 2008 WITH CIVIL APPLICATION NO.390 OF 2008 Vikrant Sudhakar Narekar ..Appellant. Vs. Pandurang Dashrath Jinde & Ors. ..Respondents. Mr.S.S.Shah for the Appellant. Mr.A.M.Pungliya for Respondent Nos.1 and 2. CORAM : S.J. VAZIFDAR, J. CORAM : S.J. VAZIFDAR, J. CORAM : S.J. VAZIFDAR, J. DATED : 12TH JUNE, 2008 DATED : 12TH JUNE, 2008 DATED : 12TH JUNE, 2008 P.C. : P.C. : P.C. : Admit. Heard finally. 2. I will presume that Respondent No.3 defrauded Respondent Nos. 1 and 2. Respondent No.1 is the father of Respondent Nos.2 and 3. Prima-facie atleast, there is nothing to suggest that the Appellant had mislead or defrauded Respondent Nos.1 and 2 in any manner. The Appellant is a stranger to the family. He purchased the property in the year 2006. Admittedly, the property stood in the name of Respondent No.3 and the property was purchased in the name of Respondent No.3 when he was a minor. There is no document to suggest that the property : 2 : was for the benefit of the coparcenary. It is also important to note that Respondent No.1 admittedly witnessed the receipts evidencing the payment of the entire consideration. The slab for the third floor has also been constructed. It is only at this stage that the suit is filed. 3. Prima-facie, the Appellant has been made to alter his position to his detriment. There is nothing against the Appellant on facts. 4. In the circumstances, the following order is passed :- i) Pending the hearing and final disposal of the suit, the Appellant shall be entitled to continue and complete the construction and dispose of the same or parts thereof, subject to the condition that the purchasers shall file an affidavit in the trial Court agreeing to be bound by the outcome of the suit. ii) The said affidavit will be filed before any agreement is finally executed. 5. The Appeal from Order and the Civil Application : 3 : stand disposed of accordingly.