1 appl440.11.sxw ssm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL (LODGING) NO. 440 OF 2011 IN NOTICE OF MOTION NO. 3602 OF 2008 IN SUIT NO. 1177 OF 2001 Stephen D. Remedios ......Appellant. Vs. Sayyed Mahfoos Ali ......Respondent. Mr. A.R. Shaikh for the Appellant. Mr. P.J. Thorat for the Respondent. CORAM :- D.K DESHMUKH AND ANOOP V. MOHTA, JJ. DATE :- 24 AUGUST 2011. P.C. :- Heard. 2 The only interim order made by the learned Single Judge is restraining the subsequent purchaser from further transferring the property in a Suit filed by the Plaintiff for a decree of specific performance of agreement to sell the property. The plot is a open piece of land and the learned counsel appearing for the Appellant 2 appl440.11.sxw ssm himself submits that the injunction will operate against the Appellant because they want to develop the property, construct flats and sell them. In our opinion, the learned single Judge therefore was justified in granting the order of temporary injunction because non-grant of such a relief would result in creation of third party rights in favour of several persons. 3 The Appeal is therefore rejected. There shall be no order as to costs. (ANOOP V. MOHTA, J.) (D.K. DESHMUKH, J.)