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 APPELLATE JURISDICTION CIVIL APPLICATION NO.1830 OF 2007 IN SECOND APPEAL NO.1418 OF 2005 Mr. K.K. Bagal. ..Applicant. Vs. B.B.Khaire and ors. ..Respondents. Mr.S.D.Patil for the Applicant. Mr. R.M.Yemgar for the Respondent Nos. 1 to 3. CORAM: R.S. MOHITE, J. DATE : 27th June,2008 P.C. P.C. P.C. 1. This is a civil application filed by the original plaintiff for an injunction restraining the opponent Nos. 1 to 5 and their agents, servants and representatives from disturbing the lawful and peaceful possession of the applicant in respect of Shop No.4 in Hemal Building, Kisan Nagar No.2, Thane. It is not in dispute that the original plaint sought relief in respect of agreement executed in favour of the developer. The relief sought is beyond the scope of the dispute which is raised in this appeal and the same is based upon the different cause of action. This relief cannot be granted in the present appeal. In this view of the matter the Advocate for the applicant states that he will adopt separate legal proceeding in accordance with law and would not like to press this application. Application is therefore, dismissed as not pressed. (R.S. MOHITE, J.)