1 AO-1194-09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Mhi APPEAL FROM ORDER NO. 1194 OF 2009 WITH CIVIL APPLICATION NO. 1494 OF 2009 & 391/2010 Mr. Gajanan Dharma Gharat .. Appellant Vs. Mrs. Kalpana Rajesh Deshpande & Ors. Respondents Mr. S.S.Redekar a/w Y.B.Rawool,Advocate, for the appellant Mr. A.A.Kumbhakoni, Senior Advocate, a/w Karan Mehta i/b. Sandeep Bhagwat and S.K.Chourasia for the respondent Nos. 1 to 5. CORAM: J.H.BHATIA,J. DATE : 13th September, 2010. P.C. 1. Heard the learned Counsel for the parties. 2. The appeal is filed by the plaintiff against refusal of interim relief of not creating third party interest by the defendants/respondents pending the suit. This Court by order dated 30.11.2009 had granted ad-interim relief restraining the respondents from creating third party interest pending the appeal. 3. The learned Counsel for the appellant informs that the suit is actually fixed for evidence and the matter can be disposed of as early as possible. The 2 AO-1194-09.sxw plaintiff/appellant is one of the owners of the property, while the respondent no.2 claims to be holder of power of attorney executed by the owners of the land. He also got an agreement for sale in his favour on 25.1.2002 and later on, on the basis of the power of attorney in his favour, he executed a sale deed of the suit property in favour of his wife, who is the defendant/respondent no.1. The suit is filed for declaration that the power of attorney is null and void and naturally, the consequential sale deed is also under challenge. 4. Taking into consideration the facts and circumstances, in my view, the following order would meet the ends of justice :- The trial court shall expedite the hearing and shall dispose of the Special Civil Suit No.129/2008 as early as possible and preferably, within six months from this day. Pending the suit, the respondent/defendant Nos. 1 and 2 shall not create any third party interest in the suit property. The Appeal and the Applications stand disposed of accordingly. (J.H.BHATIA,J.)