1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 679 OF 2008 W I T H CIVIL APPLICATION NO. 790 OF 2008 IN APPEAL FROM ORDER NO. 679 OF 2008 __________________________________________________________________ Office Notes, Office Memoranda of Coram, apperances, Court' s orders or Court's or Judge's orders directions and Registrar's orders Mr.Atul G.Damle,adv.for appellants. Mr.Nitin P.Deshpande,adv.for respondent no.1. Coram: Smt.R.P.SondurBaldota J. Dated : 17 th September, 2008. P.C. : 1. This appeal arises out of interim order dated 24th April, 2008 by which the appellant and respondents no. 4, 5, 6, 7 and 8 (original defendants no.1, 2 and 4 to 6) have been restrained from “creating any sort of interest in the suit property until the disposal of the main suit”. 2 2. The above order has been passed in a suit for specific performance. The appellant claims to be the bonafide purchaser of the property in dispute. Since, the suit filed is for specific performance of an agreement of sale in respect of the very property, it cannot be said that the interim order restraining the appellant and respondents no. 4, 5, 6, 7 and 8 (original defendants no.1, 2 and 4 to 6) from creating any third party rights in the suit property is not justified. At this stage, Mr.Damle learned counsel for the appellant submits that the operative part of the order needs to be made more specific. The appellant apprehends that the order restraining him from “creating any sort of interest in the property” may cause hinderance to him in using the same for his own business. Mr.Damle, submits that, the appellant should not be made to face contempt proceedings in future on account of such order. I find some 3 substance in the submission. Hence, the Appeal from Order is disposed off with the following order. O R D E R . The operative part of the impugned order will be replaced by the following, 3. Pending the hearing and final disposal of the suit, defendants no.1, 2 and 4 to 6 are restrained from creating any right, title or interest in the suit property in favour of a third party. 4. With the disposal of the Appeal from Order, the Civil Application does not survive. The same is accordingly disposed off. [JUDGE]