1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1188 OF 2010 IN FIRST APPEAL NO.1000 OF 2009 Pramod Zumbarlal Surana .... Applicants & Ors. Vs. Reubai Punja Jadhav & Ors. .... Respondents Mr.Tushar Sonawane, Advocate for applicants. Mr.Sachin Gite i/by M.S. Karnik, Advocate for respondents. Coram : A.P. DESHPANDE & SMT.R.P.SONDURBALDOTA, JJ. Date : 5th April, 2010 P.C. 1. By the present application, the respondent (original plaintiff) is seeking modification of the order dated 18th September 2009 passed by this Court in Civil Application No.2864 of 2009. By the order dated 18th September 2009, the Court has observed that the amount which is deposited by the respondents and which is invested in Fixed Deposit, the periodical interest of it may be paid to the respondents. According to the learned counsel for the applicant, the amount of Rs.7,77,000/- which constitutes balance amount of consideration, though deposited in the trial Court, has not been invested in any nationalised bank and as such the order dated 18th September 2009 which permits withdrawal of the interest credited thereon cannot operate. 2 2. The learned counsel for the respondent has no objection to modify the said order by directing the trial Court to invest the amount deposited by the applicant in any nationalised bank initially for a period of 3 years to be renewed till the disposal of the appeal. The second modification that is sought is that the appellant be restrained from creating any third party interest in the suit property. The respondent has deposited the entire amount of consideration and decree for specific performance having been passed in his favour, the appellant cannot be permitted to create any third party interest in the suit property. 3. Hence, in modification of the order dated 18th September 2009, we direct that the appellant shall not transfer, alienate and/or create any third party interest in the suit property pending decision of Appeal. Hence, the Civil Application is allowed and disposed of with a direction to the trial Court to invest a sum of Rs.7,77,000/- deposited by the applicant in the trial Court in any nationalised bank initially for a period of 3 years, renewable till the disposal of the appeal. We also restrain the original appellant from creating any third party interest in the suit property. 4. The application is disposed of. (Smt.R.P.SondurBaldota,J) (A.P. Deshpande, J.)