1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR APPEAL AGAINST ORDER NO. 79/2010 Neraj Ramdas Bankar ..versus.. Subhas @Pappu Rambhau Bhende and ors. =-=-=---=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office Notes, Office Memorandum of Coram appearances, Court's orders of directions & Registrar's orders. Court's or Judges Order =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-== Shri Salim I. Khan, counsel for the appellant Mr. S.W.Puranik, counsel for Respondents C ORAM : K.U.CHANDIWAL, J. DATED : 29th JULY, 2010. P. C. Shri S.W.Puranik, counsel appears for Respondent No. 1 to 3. However, he also files power for Respondent No. 4. Heard finally. 2) In a suit for specific performance of contract, having agreed to purchase the property for Rs.55,00,000/-, the plaintiff alleged to have paid Rs.51,000/- as earnest money. The plaintiff urged for injunction, restraining the vendee from alienating the property or changing its nature. One of the recital in the agreement of sale was, plaintiff as purchaser, to deposit or pay an amount of Rs.15,00,000/- as balance 2 sale consideration within 15 days of said agreement. However, it is not adhered to. 3) The defendant had come with a case that, agreement is fabricated, bogus. He did not execute it in the manner it has been accelerated as there were no such eventualities for the defendant to execute the agreement. 4. Be as it may, if the plaintiff deposits an amount of Rs.15,00,000/- (Rupees Fifteen lakhs) before the learned Civil Judge, Senior Division, Nagpur, upto 26th August, 2010, the defendants shall not create third party right in the suit property. Failure on the part of the plaintiff to deposit the amount of Rs.15 lacs upto 26th August, 2010, will automatically result in rejection of prayer and confirmation of Exh. 5 as has been done by the learned Judge. A.O. disposed of in above terms. (K.U.Chandiwal) JUDGE. Rvjalit