- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER No. 545 OF 2009 WITH CIVIL APPLICATION No. 656 of 2009 M/s. Talware Builders Pvt. Ltd. & Anr. ... Appellants Vs. Mrs. Mrunal Ashok Phadnis & Ors. ... Respondents Dr. V. V. Tuljapurkar, Sr. counsel with Mr. M. M. Sathaye, for the appellant. Mr. V. A. Thorat, Sr. counsel with Mr. Surel Shah for respondent Nos. 3 to 5. Mr. R. D. Soni i/b M/s. Ram & Co., for respondent No. 9. CORAM : R. V. MORE, J. DATE : JULY 16, 2009. PC :- 1. Heard the learned senior counsel for the appellant, respondent Nos. 3 to 5 and learned counsel for respondent No.9. The appellants are original plaintiffs in Special Civil Suit No. 280 of 2008. This suit was filed against the respondents for specific performance of agreement, executed by respondent Nos. 1 and 2 in favour of appellant on 29th March 1992. The appellants also filed applications at Exhibit 5 and 40 for temporary injunction, restraining respondent No. 9 from carrying out construction and - 2 - creating third party interest in the suit properties. Both these applications came to be rejected by the order impugned in the present appeal. 2. It is not disputed that respondent Nos. 1 and 2 after attaining majority executed sale-deed in respect of the suit property in favour of respondent Nos. 3 to 8 and respondent Nos. 3 to 8 in turn executed development agreement in favour of respondent No. 9. Respondent No. 9 at Exhibit 112 had filed pursis in the said special civil suit and pointed out that construction of the buildings on the suit property completed and he has already created third party interest in the flats of the building. The respondent No. 9 has also annexed list of 12 persons who are purchasers of the flats in the building constructed in the suit property. In the above facts and circumstances, the appellant’s applications at Exhibit 5 and 40 have rendered infructuous and no order can be passed thereon. 3. The learned senior counsel for the appellants at this stage submits that respondent No. 9 be directed to give details of agreement, executed by him in favour of 12 persons, mentioned in the abovesaid list, so as to enable him to add these persons as party respondents in Special Civil Suit No. 280 of 2008. The learned counsel for respondent No. 9 makes a statement that respondent No. 9 will give details of the agreement, mentioned above to the appellants within a period of four weeks from today. This statement is accepted. Subject to above observations, present appeal is - 3 - dismissed. 4. In view of dismissal of the present appeal, Civil Application No. 656 of 2009 does not survive for consideration and the same is accordingly disposed of. Sd/- [ R. V. MORE, J.]