FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGBAD. ---------------------------------------------------------------------------------------------------- Office notes, office Memoranda of | coram, appearance, court’s orders | Court’s or Judge’s orders. or directions and Registrar’s orders | CIVIL APPLICATION NO.770/2009 IN FIRST APPEAL NO.203/2009 Shri R.N.Dhorde,Adv.for applicant. Shri V.D.Hon,Adv.for R.1 to 5. .... CORAM : R.K.DESHPANDE,J. DATE : 11TH AUGUST 2009. 1] Heard learned counsel for respective parties. 2] This is an application for grant of injunction restraining the respondents, more particularly respondents 3 to 5 or anyone claiming through them in any manner alienating/disposing of or creating any encumbrances on the suit property pending the decision of the instant First Appeal. 2] The appellant is the plaintiff who had filed Special Civil Suit No.5/2004 for specific performance of contract in respect of agreement dated 31/10/2000 which is at Exh.62 on the record. The trial Court has decreed the suit and hence present appeal is preferred. The instant appeal has already been admitted. 3] So far as question of stay is concerned, Shri V.D.Hon,learned counsel for respondents 1 to 5 makes a statement that respondents shall not dispose of the suit property pending decision of the instant First Appeal without obtaining permission of this Court. So far as the question of creating third party interest or any encumbrance over the suit property is concerned, it is made clear that if any such charge or encumbrances on the property is created pending the decision of this First appeal, the same shall be subject to the result of this appeal and this should be made clear to the parties concerned. 4] In view of above, civil application for stay stands disposed of. (R.K.DESHPANDE, J.) umg/ca770-09