1 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 1256 OF 2009 ALONG WITH CIVIL APPLICATION NO. 1570 OF 2008 Mr.Hareshwar Shankar Bagde ... Appellant v/s M/s.Kanakia Property Pvt. Ltd. & anr. ... Respondents Mr.Sandesh D. Patil for the appellant. None present for the respondents. CORAM: SMT.NISHITA MHATRE, J. DATED: 22ND FEBRUARY, 2010 P.C.: 1. The appeal has been preferred against the order dated 20.7.2007 by which the order for temporary injunction has been refused. The Trial Court has considered the fact that the agreement of sale was entered into between the appellant and defendant No.1 in the year 1994. The appellant took no steps to have that agreement of sale enforced from 1994. It is the contention of the appellant that he became aware of the payment of certain amounts to the 2 other members of his family on a deed of ratification being executed by them in the year 2003. Even assuming that the appellant became aware of these facts in the year 2003, there is no explanation whatsoever as to why he did not take any action against the respondents from 2003 onwards. 2. In my opinion, the Trial Court has committed no error by refusing the temporary injunction. 3. Appeal from order stands dismissed along with the civil application. ..... 3