1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2123 OF 2009 IN F.A.NO.761 OF 2009 Vithabai N. Chavan and ors. ..Applicants. Vs. Sitabai T. Vidhare. ..Respondent. Mr.G.R.Agarwal for the Applicants. Mr. M.M.Sathaye for the Respondent. CORAM : R.S. MOHITE, J. DATE : 21st January, 2010 PC : 1 Heard both sides. 2 Rule. Rule made returnable forthwith, by consent. 3 This is a civil application for grant of injunction restraining the respondent from creating third party right. Application is filed by the original plaintiff who has filed a suit for execution of the sale deed in favour of the respondent on the ground that certain instalments had not been paid as contemplated in the said sale deed. The said suit of the plaintiff has been 2 dismissed. First appeal filed in this court is admitted. In my view, injunction is not required to be granted. However, it is directed that, in case any transfer is made or third party right is created in the suit property then transferee will be informed in writing that the rights being created in his favour will be subject to the decision of the first appeal and transferee will be specifically informed that the title of the respondent is under challenge in this suit. Both these conditions will also be incorporated in the deed of transfer. In so far as, amount which are deposited in the trial court, applicants will be at liberty to withdraw the same without prejudice to their rights and contentions in the suit after giving an undertaking to the trial court that they will re-deposit the amount with interest as fixed by the court and as and when called by the court. Rule made absolute in the above terms. Civil Application stands disposed off. ( R.S. MOHITE, J.) 3 `