1 40 caf.4134.10 ndm FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 4134 OF 2010 IN FIRST APPEAL NO. 378 OF 2006 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Ms. Anjali Uthale i/b Mr.Shriram S. Kulkarni for the Applicants. Mr. Ramesh Dube-Patil for Respondent No.1. Mr. Sachin Chavan for Respondent No.2. CORAM : A.S.OKA, J. DATE : 11 th March, 2011. P.C. 1 Heard the learned counsel appearing for the parties. 2 The learned counsel appearing for the Applicants states that injunction is prayed for only against Respondent No.1. The learned counsel appearing for Respondent No.1 invited attention of the Court to the averments made in paragraph No.12 of the reply in which it is stated that the suit property has been disposed of by Registered Sale Deed dated 1 st November, 2007 and by Agreement for Sale dated 20 th November, 2010. It is stated that a part of the 2 40 caf.4134.10 suit property is sold by sale deed dated 1 st November, 2007 and in respect of the other part, there is an agreement for sale dated 20 th November, 2010 executed by Respondent No.1. 3 In respect of a part of the property, only an agreement for sale has been executed, which does not create any interest in the property in view of Section 54 of the Transfer of Property Act, 1882. The agreement appears to have been executed after the ad-interim relief was granted by this Court on 26 th October, 2010. Hence, this is a case where Respondent No.1 will have to be restrained from creating any further third party rights in respect of the suit property. 4 Respondent No.1 shall supply true copies of the documents referred to in paragraph No.12 of the reply to the learned counsel appearing for the Applicants within a period of three weeks from today. 5 Civil Application is disposed of by passing the following order: i. The Respondent No.1 is hereby is restrained by the order of temporary injunction from creating any further third party rights and from 3 40 caf.4134.10 encumbering the suit property in any manner till the final disposal of the appeal ; ii. Civil Application is disposed of on above terms. [ A.S.OKA, J ]