1 ao854-11 jpc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 854 OF 2011 Tatwanand Somprakash nanda and another .. Appellants Versus Platinum Properties and another ... Respondents Mr. P. S. Dani i/by Ms. Chandana Salgaonkar for the appellants Mr. R. B. Paranjape a/w Mr. J. D. Khairnar and Shri V.V. Kale for the respondent No. 1. CORAM : R. Y. GANOO, J. DATED : 10rd October, 2011 P.C. 1. Heard learned counsel on both the sides. 2. Rule. Rule made returnable forthwith. 3. Learned Advocate Mr. Paranjape waives service on behalf of respondent no.1, who is contesting respondent. By consent, the Appeal from Order is taken up for hearing. 4. The Respondent No.1 filed an application below Exh.5 in a Special Civil Suit No. 1118 of 2011, filed by the Respondent No.1 before the learned Civil Judge, Senior Division, Pune. By this application below Exh. 5, the Respondent No.1 wanted that the Appellants should not carry out any work at the site and that they should not create third party rights. In addition to that 2 ao854-11 the Respondent No.1 wanted that the Appellants should not disturb their possession of the suit property by the respondents. The learned Civil Judge, Senior Divsion, Pune decided the said application be low Exh.5 by passing the order dated 6th July, 2011. By the said order which is impugned in this Appeal from order, the appellants are restrained from creating any third party rights as set out in point no.2 of the said order. The appellants have challenged this order in this appeal from order, however said challenge was not pressed at the hearing of this appeal. At Item No. 3 of the impugned order, the learned Civil Judge Senior Division Pune has passed order. Directions are issued to the appellants who are defendants in the suit that they should not obstruct the development activities of respondent no.1 in the suit property as per the development agreement dated 8th March, 2004 till disposal of the suit. 5. It is to be noted that the aforesaid special civil suit was filed for specific performance of agreement dated 8th March, 2004. Looking to the frame of suit and reliefs sought therein, it is just difficult to accept that an interim relief in terms of point no.3 could be granted against the present appellants. By granting the said relief, the learned Civil Judge, Senior Division Pune has permitted the respondent No.1 to deal with the property without their being final relief in their favour. Hence, the order at point No.3 is required to be set aside. 6. By the order passed by this Court on 11thAugust, 2011, both the parties were directed to maintain status quo till further orders. In my view, the 3 ao854-11 arrangement arrived at by order dated 11th August, 2011 would meet the ends of justice and the said arrangement should continue till the disposal of the suit. Hence the following order is passed to dispose of this Appeal from order: i. The order dated 6th July, 2011 passed by the learned Civil Judge, Senior Division, below Exh.5 in Special Suit No. 1118 of 2001 to the extent of direction issued in point no.3 is set aside. ii. In addition to the above, both the parties are directed to maintain status quo at site till disposal of the suit as per the order dated 11th August, 2011 passed by this Court in this Appeal from order No.854 of 2011. iii. There shall be no order as to costs. (R. Y. GANOO, J.)