1 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 1157 OF 2009 WITH CIVIL APPLICATION NO. 1433 OF 2009 M/s R.K. Babubhai & Co. ...Appellant Vs. M/s Shankar Girrdhar Talati & Ors. ... Respondents. ..... Mr. P.P. Prabhu, for the Appellant. ..... CORAM: S.C. DHARMADHIKARI,J. DATE : 26 th APRIL, 2010. P.C. 1. Heard Shri Prabhu appearing on behalf of the Appellant. 2. I have perused the impugned Order refusing Interim injunction to the Appellant-Plaintiff in a suit for recovery of money. The suit is simplicitor for recovery of money and the Court below is right in concluding that prima facie the money claim is not secured by any mortgage or immovable property. Therefore it has refused the grant of injunction during the pendency of such suit. The Order as passed in consonance with the settled principles and does not suffer from any infirmity or error. The Appeal from Order is therefore devoid of any merits and is accordingly dismissed. 2 3. The Civil Application does not survive in the light of dismissal of the Appeal from Order. (S. C. DHARMADHIKARI, J.)