Tahiliani 1 ca3294.09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY. CIVIL APPELLATE JURISDICTION. CIVIL APPLICAITON NO. 3294 OF 2009 IN FIRST APPEAL NO. 1231 OF 2009. Milind Baban Ambekar & Anr. .... ..... Applicants. V/s Mahendra Sampatrao Ghodge..... .... Respondents. Mr.P.G.Karande, Adv. For the applicants. CORAM: B.R.GAVAI, J. 23rd August, 2010. PC: Heard parties. Perusal of the record reveals that learned trial court has held that time was not essence of the contract. Perusal of the agreement of sale between the parties would reveal that the transaction was required to be completed by 25.8.2005. The notice on the basis of which suit is filed is of 2007. 2. In that view of the matter rule is made absolute in terms of prayer clause (a). At the same time in order to secure the interest of the plaintiff it is directed that the defendant/appellant shall not create any third party interest in the suit property during the pendency of the appeal.