1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CIVIL JURISDICTION APPEAL FROM ORDER NO.1208 OF 2008 WITH CIVIL APPLICATION NO.1478 OF 2008 WITH R.C.NO.706 OF 09 WITH R.C.NO.707 OF 2009 Shri Dattatray N. Tupe & Ors. ...Appellants. v. Ms. Smita R. Mali and Ors. ...Respondents. Mr. Atul P. Vanarse, adv. For the Appellants. Mr.Avinash B. Avhad, adv. For the Appellants (in R.C.No.706/09). CORAM : J.H. BHATIA, J. DATED : MARCH 31, 2010 P.C. 1 Heard the learned counsel for the Parties. 2 Plaintiffs, who are the respondent nos.1 and 2 before this Court filed Special Civil Suit No.1632 of 2005 for specific performance of the contract and by application ex.5, he sought temporary injunction restraining the defendants from creating any third party interest pending the suit. That application was opposed. However, the trial Court after hearing the parties, passed the impugned order dated 3.10.2007 restraining the defendants from creating any third party interest in the property. That order is challenged by the defendants/appellants. 2 3 According to the plaintiffs/respondents, they have entered into an agreement to purchase the suit property for consideration of Rs. 21 lakh from the defendant nos.1 to 10. Plaintiffs claim to have paid an amount of Rs.10 lacs, out of the consideration amount. Defendant no.10 also admitted to have received an amount of Rs.7 lacs. Thus, though the parties do not agree about the total amount paid or received, even according to the defendant no.10, who was power of attorney holder for the defendant nos.1 to 9, admits receipt of Rs.7 lacs as a part of the consideration amount. Suit is pending. In such circumstances, interest of justice requires that to avoid further complications in the matter, no third party interest should be created pending the suit. Taking into consideration the circumstances, I find no reason to interfere in the impugned order. Therefore, the appeal stands dismissed. 4 As the appeal itself is disposed, civil application does not survive and stands disposed off accordingly. (J.H. BHATIA,J.)