: 1 : Dixit 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 CIVIL APPLICATION NO.1727 OF 2007 CIVIL APPLICATION NO.1727 OF 2007 CIVIL APPLICATION NO.1727 OF 2007 IN IN IN SECOND APPEAL NO.956 OF 2007 SECOND APPEAL NO.956 OF 2007 SECOND APPEAL NO.956 OF 2007 Kondaji Jairam Shirsat, Deceased, . Thru’ Shantabai K. Shirsat & Ors. ...Applicants V/s. Ashok Ramkrushna Tidme ...Respondent Mr.Kishor Patil, Advocate, h/f. P.N. Joshi, for the Applicants. Mr.G.S. Godbole, Advocate, for the Respondent. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. DATE : 18TH JANUARY, 2008. DATE : 18TH JANUARY, 2008. DATE : 18TH JANUARY, 2008. P.C.: P.C.: P.C.: 1. Rule. Advocate for the respondent waives service. Second Appeal challenging decree for specific performance has been admitted. 2. Civil Application is disposed of by passing following order :- "O R D E R" "O R D E R" "O R D E R" (a). There will be interim relief in terms of prayer clause (a) subject to condition that the applicants will file an undertaking in this Court : 2 : within a period of four weeks from today stating therein that the applicants will not create any third party interests and will not part with possession of the suit property till the final disposal of the Appeal. (b). If undertaking is not filed within the stipulated time, interim relief will stand vacated without further reference to the Court. [ABHAY S. OKA, J.] [ABHAY S. OKA, J.] [ABHAY S. OKA, J.]