1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4106 OF 2007 IN FIRST APPEAL NO.1898 OF 2007 Krishna G. Kurdukar ....Applicant V/s. Parag A. Vaidya & Ors. ....Respondent Mr.A.V. Anturkar i/b Mr.S.B. Deshmukh for the Applicant. Mr.A.S. Gadkari for Respondent Nos.1, 2 and 5. CORAM : B.H. MARLAPALLE & S.J. VAZIFDAR, JJ. DATE : 15TH JUNE, 2009. P.C. : 1. Heard Mr.Anturkar with Mr.Deshmukh, the learned counsel for the Applicant/Plaintiff. Mr.Gadkari appears for Respondent Nos.1, 2 and 5. He also states that Respondent No.4 is no more. Respondent No.3 was served by public notice but has not caused appearance either in person or through an advocate. Respondent Nos.1, 2, 3 and 5 appear to be the legal representatives of Respondent No.4. However, Mr.Anturkar states that if there are any more legal representatives, he will take appropriate steps to bring them on record in First Appeal No.1898 of 2 2007. 2. This application prays for an injunction against the Respondents so as not to alienate or develop the suit property. We have noted that Appeal from Order No.505 of 2001 was filed and a restraining order was passed in respect of the very same suit property, on 31.1.2003 and we are informed that as per the said order, the Applicant has deposited an amount of Rs.10,30,000/-. 3. Hence this application is allowed in terms of prayer clause (A). The fixed deposit as noted in our order dated 31.3.2003 shall be renewed from time to time during the pendency of First Appeal No. 1898 of 2007. 4. Hearing of First Appeal No.1898 of 2007 is hereby expedited. If the private paper-book copies are circulated within four weeks from today, print is dispensed with on that condition. 5. Call for R. & P. if not already received. (S.J.VAZIFDAR, J.) (B.H.MARLAPALLE, J.)