1 SNS IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CIVIL JURISDICTION APPEAL FROM ORDER NO.1443 OF 2010 WITH CIVIL APPLICATION NO.1787 OF 2010 Ganesh R. Jagtap ...Appellant. v. Smt. Shobha A. Khade & Anr. ...Respondents. Mr.A.A.Siddiqui , adv. For the Appellant. CORAM : J.H. BHATIA, J. DATED : JULY 12, 2011. P.C. 1 Heard the learned counsel for the plaintiff/appellant, who has preferred this appeal against the rejection of notice of motion. According to the plaintiff/appellant, his father is the owner of the suit premises and he himself is in possession of the same. Defendant no.1, who is sister of his father, claims to have got the property assigned in her favour and she is likely to enter into contract with some third party for transfer of the property. Plaintiff wants temporary injunction restraining the defendant no.1 from entering into any such contract. Defendant no.1 contended that she has made the payment and taken the property from earlier owner Arun Sutar on 28.6.2000 and she was also put in physical possession of the same. Defendant no.2, who is father of the plaintiff also filed written statement stating that he has already assigned his rights 2 in the property in favour of the defendant no.1 and defendant no.1 has been put in possession of the same . Defendant no.2, who according to the plaintiff is the owner, admits that he has handed over possession and has assigned his rights in favour of the defendant no.1. In such circumstances, plaintiff can not claim any relief against the defendant no. 1. If the defendant no.2, who according to the plaintiff, has right in the property is aggrieved, he can take action as per law if he so chooses. In any case, the plaintiff, who has right no right in the property, can not claim temporary injunction. Therefore, I do not find any illegality or mistake in the impugned order. 2 Appeal and the application stand dismissed. (J.H. BHATIA,J.)