IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.555 of 2008. CIVIL APPLICATION NO.555 of 2008. CIVIL APPLICATION NO.555 of 2008. IN IN IN SECOND APPEAL NO.797 of 2005. SECOND APPEAL NO.797 of 2005. SECOND APPEAL NO.797 of 2005. Neeta Nivrutti Kasar ..Applicant/Appellant (Original plaintiff) versus Manubai Sukhdeo Patade & Others ..Respondents Shri H.S.Venegavkar for the applicant M.S.Karnik for the respondents CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. DATED : 6th April, 2009. DATED : 6th April, 2009. DATED : 6th April, 2009. P.C. 1. In this appeal the question whether the plaintiff is entitled to specific performance is required to be gone into. According to the plaintiffs the defendants are likely to create third party right. In the affidavit in reply to the Civil Application, though it is mentioned that third party rights are already created, however the further and proper particulars of the right created in favour of others are not mentioned and even today the learned advocate for the respondent could not give those particulars across the bar. In this situation, the Order of injunction is required to be granted restraining the defendants from creating -2- third party right. 2. In view of the above, I pass the following Order. ORDER i. Rule is made absolute in terms of prayer clause (a). ii. There shall be no order as to costs. iii. If the respondents wish, they may inform the appellant the name of the person in whose favour the third party right has been created. (R.Y.Ganoo, J.) (R.Y.Ganoo, J.) (R.Y.Ganoo, J.)