1 AO NO.117/2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD APEAL FROM ORDER NO. 117 OF 2011 ,With CA/8392/2011 ,In AO/117/2011 KAMAR RAJA ABDUL HABIB KHATIK ..APPELLANT VERSUS SHIVVARDHAN KATTARSING GUMANE AND ANR ... ...RESPONDENTS Advocate for Petitioners : Choudhari N. L. Advocate for Respondents : Mr. A.R.Borulkar. ... CORAM : K.U. CHANDIWAL, J. Dated: November 22, 2011 ... PER COURT :- 1. Heard. The appellant claims to be purchaser of the property having entered into an agreement of sale for an amount of Rs.28,64,000/- out of which, time to time, he has paid Rs. 5,88,000/- as earnest to respondent no.1. Inspite of this, the respondent no.1, in collusion with respondent no.2, entered into transaction of the sale/transfer of property by virtue of a release deed for an amount of Rs. 6,50,000/-. 2. The plaintiff appellant in the Special Civil Suit No.12/2011 prayed for cancellation of 2 AO NO.117/2011 release deed dated 5th March, 2011, and also sought performance of the agreement dated 27.4.2010. 3. Learned Judge did not agree to the contentions raised by the appellant and rejected the application for injunction. The appellant, indeed, desired in the application, to restrain the respondents (defendants in the suit) from alienating or creating third party interest in relation to the suit property. 4. Now, on instructions, learned Counsel for the respondent / original defendant Mr.Borulkar, makes a statement, the respondents / defendants shall not alienate or part with the suit property till disposal of the suit. Statement accepted. Appeal from order is disposed of in above terms with Civil Application ( K.U. CHANDIWAL, J. ) ... agp/117-11ao