1 APP 502 of 2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.502 OF 2010 IN NOTICE OF MOTION NO.116 OF 2008 IN SUIT NO.101 OF 2008 Hemlata Gangadhar Khedekar and Ors. ..... Appellants V/s. Shaila U. Kandalgaokar and Ors. ..... Respondents Mr.Atul G. Damle, for the appellants. Mr.M.S.Bhandari a/w Mr.Nalin M. Shah, for the respondents. CORAM :P.B.MAJMUDAR & ANOOP V. MOHTA, JJ. DATE : 06TH SEPTEMBER, 2010 P.C. 1. This appeal is filed against an order of the learned Single Judge passed below Notice of Motion No.116 of 2008. By the impugned order, the learned Single Judge has granted injunction in favour of original plaintiffs, by which the defendants are restrained to dispose of or alienate or create any encumbrance or parting with the possession of the suit property or creating third party interest during the pendency of the suit. 2. Considering the fact that the suit is for specific performance, the aforesaid discretionary order in which cogent reasons have been given, are not required to be interfered with by us in this appeal. However, the learned counsel for the appellants states that the 2 APP 502 of 2010 observations made by the learned Single Judge may come in the way of plaintiff in the pending suit. We find some substance in the argument of the learned counsel for the appellants. Accordingly, we make it clear that the observations made by the learned Single Judge may be treated only tentative in nature and only for the purpose of deciding the notice of motion and that the same will have no relevance at the time of deciding the suit, as the suit has to be decided on its own merits. 3. In view of what is stated above, the appeal is disposed of. No cost. ( ANOOP V. MOHTA, J. ) ( P.B.MAJMUDAR, J. )