: 1 : USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1103 OF 2006 IN SECOND APPEAL NO. 830 OF 2001 Mohammed Kasambhai Rahman and Ors. .. Applicants V/s. Mohammed Yaseen since deceased thorough his LRs and Ors. .. Respondents ..... Mr. Rajesh S. Patil for the applicants Mr. A.N. Maniyar for the respondent Nos.7A to 7F ..... CORAM : R.Y. GANOO, J. DATE : 15TH JUNE, 2009. P.C. : 1. Heard learned advocate on both the sides. Prayer clause (a) relates to non carrying out of amendment on account of death of the original appellant. Record shows that the amendment is carried out and original appellant is shown as deceased and his heir Mohammed : 2 : Yakub Mohammed Yaseem is brought on record. Hence, that prayer does not survive. 2. Rest of two prayers spell out of claim made out by the applicant contending that the applicant has right on preemption for the purchase of gala being suit gala. Learned advocate Mr.Maniyar could not point out on the basis of record that he has right on the basis of rules framed by the Agricultural Market Committee or by agreement between the said Committee the predecessor in title of the present. If this is be so, no prima facie case is made out and hence the interim prayer sought in terms of prayer clauses (b) and (c) cannot be granted. Civil Application is required to be dismissed. Hence the following order. ORDER . Civil Application is dismissed with no order as to costs. (R.Y. Ganoo, J.)