: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.17 OF 2009 ALONGWITH CIVIL APPLICATION NO.16 OF 2008 Pradeep Valchand Raka & Ors. .. Appellants V/s. Haresh Ramchand Sobhani .. Respondent Mr. Ambar Joshi for the Appellants. Mr. P.M. Pradhan for the Respondent. CORAM : SMT. NISHITA MHATRE, J. DATED : 13 TH JANUARY, 2010. P.C.: 1. The appellants have approached this Court against the order passed on 2nd August, 2008 by the 2nd Joint Civil Judge, Senior Division, Kalyan, below Ex. “5” in Special Civil Suit No.261 of 2007, by which the appellants were restrained from creating third party interests in the suit property and raising any construction till the disposal of the Suit. 2. It is contended on behalf of the appellants that the amount of Rs.7,50,000/- received by : 2 : appellant Nos.1 and 2 from the plaintiff-respondent was on account of the soil supplied by appellant Nos.1 and 2 to him for leveling his land. It is submitted that besides the plaintiff’s contention that there was an oral agreement, there is no material on record to indicate that the plaintiff and defendant Nos.1 and 2 had, in fact, arrived at any agreement with respect to the suit property. 3. In my opinion, there is no need to interfere with the order passed by the trial Court. A possible view has been taken which cannot be termed as perverse. In any event, the appellants accept that an amount of Rs.7,50,000/- has been paid by the respondent-plaintiff to them. Whether that amount was paid for the supply of soil for leveling the plaintiff’s land or towards consideration for the sale of the suit property is a matter of evidence which would be led before the trial Court. At this stage, in my opinion, it would not be appropriate to interfere with the impugned order dated 2nd August, 2008. : 3 : 4. The Appeal from Order is dismissed. 5. In view of the above, Civil Application No.16 of 2008 pending in the Appeal from Order does not survive and the same is dismissed. .......