SM 1 21.ao.758.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 758 OF 2011 WITH CIVIL APPLICATION NO. 1004 OF 2011 IN APPEAL FROM ORDER NO. 758 OF 2011 Jayshree Ramesh Gite ....Appellant. Versus Vasant Laxman Gamane ....Respondent. ____________ Mr. Tushar Sonawane for the Appellant. Ms. Sharmila Deshmukh i/b S. P. Khairnar for the Respondent. CORAM: R. M. BORDE, J. DATED : OCTOBER 3, 2011. P.C.: Heard. 2. Admit. 3. With the consent of the parties, the matter is taken up for final disposal at the admission stage. 4. An application tendered by the Plaintiff/Appellant seeking a restraint order against the Defendant prohibiting him from creating third party interest has been turned by the Trial Court on 30th June, 2011. In the reply tendered to the application seeking interim orders before the Trial Court, the Defendant has stated in paragraph no. 9, 10 as well as paragraph no. 13 that the Defendant does not intend to create third party rights in respect of SM 2 21.ao.758.11 the suit property. It is stated that the Defendant has entered into an Agreement of Sale in respect of disputed property in April, 2011. However, the Deed of Conveyance has not yet been executed. In view of the specific contention raised in paragraph nos. 9, 10 as well as paragraph no. 13, the Trial Court ought to have allowed the application. 5. Considering the facts and circumstances, this Appeal from Order deserves to be allowed. The Defendant/Respondent is directed not to create third party rights in respect of the suit property until the disposal of the suit. The Trial Court is directed to decide the pending suit finally, as expeditiously as possible, preferably within one year from today. 6. Appeal from Order, accordingly, stand disposed of. In view of disposal of the Appeal from Order, pending Civil Application does not survive and the same is disposed of. (R. M. BORDE, J.)