IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO.1274 OF 2005. APPLICATION NO.1274 OF 2005. APPLICATION NO.1274 OF 2005. IN IN IN SECOND SECOND SECOND APPEAL (ST) NO.758 OF 2005. APPEAL (ST) NO.758 OF 2005. APPEAL (ST) NO.758 OF 2005. .................................................................. Office notes, office memoranda of Coram, appearances, Court’s Court’s or Judge’s orders. orders or directions and Registrar’s orders. .................................................................. Shri U.B.Nighot for the applicant. Ms Jai Mhaskar for the Respondents. CORAM CORAM CORAM : ABHAY S.OKA, J. : ABHAY S.OKA, J. : ABHAY S.OKA, J. DATED DATED DATED : 29th January, 2008. : 29th January, 2008. : 29th January, 2008. P.C.: P.C.: P.C.: 1. Heard advocate for the applicant and advocate for the first respondent. The application is opposed by the advocate for first respondent. My attention has been invited to reply filed by the first respondent and in particular paragraph No.8 thereof. 2. The applicant-appellant filed a suit for specific performance of Agreement for Sale in respect of suit property. The trial Court decreed the suit but the Appellate Court has interfered. A limited interim relief is prayed for restraining the respondents from creating third party interests in respect of the suit property. The contest is only by the first respondent. A contention is ... 2 ... raised that if such injunction is granted, the same will prevent the first respondent from taking loan against the security of the suit property. 3. As Second Appeal is admitted for final hearing, the ad-interim relief granted in terms of prayer clause (a) deserves to continue. In case the first respondent desires to create a charge, he can always apply to this Court for appropriate relief. Subject to what is stated above, rule is made absolute in terms of prayer clause (a). JUDGE JUDGE JUDGE