1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. APPEAL AGAINST ORDER NO. 128 OF 2007 (Metharam Indandas Saluja and five others .v. Hiralal Ghasnshyamdas Jaswani and another) Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. Shri Shyam Dewani, Advocate for the appellants. Shri B.B. Mehadia, Advocate for the respondents. CORAM : B.R. GAVAI, J. 8TH FEBRUARY, 2008. Heard the learned Counsel appearing on behalf of the respective parties. By way of present appeal, the appellants challenge the order passed by the learned 4th Joint Civil Judge, Senior Division, Nagpur dated 23rd July, 2007 vide which the application below Exh.5 filed by the present respondents/plaintiffs has been allowed and the defendants/appellants are restrained from alienating or transferring the suit property to any third party by any mode of transfer till disposal of the main suit. The suit has been filed by the respondents/ plaintiffs for specific performance of the agreement to sell executed between the parties on 22nd January, 2006. However, during the pendency of the present appeal, the parties have arrived at a settlement. It has 2 been agreed between the parties that the plaintiffs/respondents shall pay a balance consideration of Rs. 54,99,000/- to the defendants/appellant Nos.1 and 2 within a period of one month from today. It has further been agreed that on the payment of such amount, the appellants No.1 and 2/defendants shall execute a sale deed in favour of the plaintiffs/respondents and handover the vacant and peaceful possession of the said premises to the respondents/plaintiffs. It has further been agreed that the said possession will be exclusive of the premises let out to the Post Office and it shall be the responsibility of the plaintiffs to get the said premises vacated. It has further been agreed that the appellant Nos.1 and 2/ defendants shall provide all necessary documents to the respondents/plaintiffs, which are necessary for execution of the sale deed and all necessary documents for entering mutation entries with the Corporation, the Nagpur Improvement Trust, the City Survey Department, after the execution of the sale deed in favour of the plaintiffs. It has been further agreed that the appellant Nos.1 and 2/defendants shall cancel their agreement with the Himanshu Builders and Developers, Nagpur. It has been further agreed that the appellant Nos.1 and 2 shall be entitled to withdraw the sum of Rs. 3 6,51,300/- deposited by them in the trial Court. The undertakings to this effect have been filed by the appellants so also the respondents. The same are taken on record and marked as “X” and “X1” for identification. In this view of the matter, the appeal so also the Special Civil Suit No.332/2007 stand disposed of in the aforesaid terms. JUDGE *rrg.