1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR APPEAL AGAINST ORDER NO. 27 OF 2008 (Madan Balaji Ratan vs. Grihanirman Sahakari Sanstha Ltd. & Ors. ) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. SEPTEMBER 15, 2008. The matter was heard on 25.8.2008 and thereafter on 2.9.2008 for some time. The challenge is to the order passed below Exh. 5 on 1.2.2008 by the Civil Judge, Senior Division, Nagpur, in Special Civil Suit No. 979 of 2006. The present Respondent No.1 has filed that suit claiming that he has earlier valid agreement for sale with original defendant Nos. 1 to 5 therein and he had paid an amount of Rs.2,11,000/-. The total sale consideration, according to him, as agreed was Rs.1,28,53,800/-. The present appellant also claims similar agreement and he points the agreement for Rs.1,41,75,000/- and he has also paid complete amount as per agreement. This Court in these circumstances has on 7.4.2008 granted interim relief and stayed the operation and effect of impugned order by which present appellant was restrained from creating any third party interest. 2 Shri Madkholkar, learned counsel for the appellant contends that the facts on record reveal that suit for specific performance as filed by present Respondent No.1 is only with a view to harass the present appellant. He is supported by Shri Bhandarkar, learned counsel for respondents No. 2 to 6. Shri Akhar, learned counsel for respondent No.1 argues that if the third party interest is allowed to be created, suit for specific performance will become infructuous. In the circumstances, at this stage, it will be premature for this Court to delve more into the factual aspects. However, it appears that there is dispute between Respondent No.1 on one hand and other respondents on other hand about the schedule of payment and adherence thereto. The appellant is the person who has paid complete amount and has also undertaken development. In these circumstances, when lis pendence applies, I find that the interest of original plaintiff (present Respondent No.1) can be protected additionally by directing the appellant to deposit before the trial Court an amount of Rs.10,00,000/- on or before 15th October 2008. Subject to such deposit, the interim orders passed by this Court are confirmed and to operate during the 3 pendency of Special Civil Suit No. 979 of 2006. As the suit is of the year 2006 and has already reached at the stage of issues, the proceedings therein are expedited and Court below is directed to decide said suit as early as possible and in any case by 31st July 2009. With these directions, Appeal against Order is disposed of. JUDGE *GS.