bsb IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION APPEAL APPEAL APPEAL FROM ORDER NO. 651 OF 2008 FROM ORDER NO. 651 OF 2008 FROM ORDER NO. 651 OF 2008 IN CIVIL APPLICATION NO. 759 OF 2008 Yogesh Uttamchand Jain & ors. ... Appellants v/s Babasaheb Namdeo Beldare & ors. ... Respondents Mr.R.D.Soni i/by M/s.Ram & Co. for the appellants. Mr.Purushottam G. Chavan for the respondents. CORAM: CORAM: CORAM: SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. DATED: DATED: DATED: 21ST JULY, 2008 21ST JULY, 2008 21ST JULY, 2008 P.C. P.C. P.C.: 1. The appeal from order challenges the order passed by the 11th Jt. Civil Judge, Sr. Division, Pune, dismissing the interim application filed by the plaintiffs who are the appellants in this proceeding. 2. The appellants have contended that they have agreed to purchase the property owned by the defendants and the defendants in turn had agreed to sell the same to them. According to the plaintiff, the conduct of the parties in issuing a public notice on 4.1.2007 indicates the intention of the defendants to sell the property to the plaintiffs. It is contended on behalf of the appellants 2 that this public notice was signed by all the defendants and, therefore, it would mean that the defendants had the intention to sell the same to the plaintiffs. It is also submitted that notices were issued to the plaintiffs enclosing a draft agreement which have not been replied by the defendants. An affidavit of the broker dealing with the property dated 8.6.2007 was also filed before the Civil Court in order to establish the intention of the parties. 3. In my opinion, the Trial Court has rightly dismissed the application for interim relief. There is no material on record to indicate that there was a concluded contract between the parties so as to enable the Trial Court to grant an injunction in favour of the appellants. The observations made by the Trial Court are obviously prima facie and would not influence the Court while deciding the suit. 4. Appeal from order stands dismissed. 5. In view of dismissal of the appeal from order, the civil application No.759 of 2008 also stands dismissed.