JUDGMENT : 1. Heard. ADMIT. By consent of learned counsel appearing for both the parties the matter is taken up for final hearing. 2. The appeal is by the original plaintiff who had filed Special Civil suit No.227 of 2013 in the Court of learned Civil Judge, Senior Division at Nagpur. 3. According to the appellant/plaintiff, he was all along ready and willing to perform his part of the contract in respect of the agreement which he had entered with the respondent/defendant for purchasing Shop Block No.2, admeasuring 283.50, Bhumapan No.6531 having Municipal Property No.8429. 4. According to the appellant/plaintiff, he had parted with sum of Rs.5.00 Lacs as earnest money and was ready and willing to pay balance consideration of Rs.11.00 Lacs at the time of execution of the sale deed to the respondent/defendant as agreed between the parties. According to the appellant/plaintiff, the respondent/defendant himself did not perform his part of the contract in order to sell the shop in question with ownership rights without any encumbrances for total sum of Rs.16.00 Lacs. According to learned counsel for the appellant/plaintiff, since the respondent/defendant did not perform his part of the contract, the sale deed could not got executed in favour of the appellant/plaintiff while according to learned counsel for the respondent/defendant the respondent/defendant had already created third party interest in respect of the shop in question. 5. Be that as it may, if it is so, such third party interest is created after the agreement to sell is executed between the appellant/plaintiff and the respondent/defendant. If the third party has entered into the transaction with the respondent/defendant, the transaction would be subject to the final decision in the special civil suit pending in the trial Court. 6. Considering the prima facie recitals of the agreement it appears that the shop was agreed to be sold with full ownership, rights and without any encumbrances thereupon and when it is the case of the appellant/plaintiff that the respondent defendant did not mutate his name in the property in respect of the shop, the sale deed could not be executed while the appellant/plaintiff is ready and willing all along to deposit the balance sum of consideration in the trial Court. I think the shop needs to be preserved as in the present position today by passing order against the respondent/defendant or any person claiming under them/him that they shall not create any third party interest in respect of the shop in question. No irreversible situation need to be allowed pending disposal of the suit. That being so, the impugned order needs to be modified. 7. In that view of the matter, the impugned order is set aside. The respondent/defendant, or any person claiming under him, shall not create any third party interest in respect of the shop in question provided that the appellant/plaintiff shall deposit the balance amount of consideration in the trial Court within a period of four weeks from today to show his bona fide in the mater. The parties shall appear and co-operate with the trial Court for expeditious final disposal of the pending suit. The trial court shall endeavour to dispose of the suit finally as early as possible. The appeal against order is allowed in aforesaid terms. There shall be no order as to costs.