1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.307 OF 2009 WITH CIVIL APPLICATION NO.369 OF 2009 Smt.Habibabi Mohammed Amin Chaukar ..Appellant V/s Smt.Najubi Ibrahim Teli alias Shaikh & ors ..Respondents Mr.Dilip Shukla i/b.M/s.SBG & Associates, Advocate, for the appellant None for the respondents CORAM : R.M.SAVANT, J. DATE : 13TH MARCH, 2009 P.C. . This appeal takes exception to the Order dated 24th July, 2008, passed by the learned 2nd Joint Civil Judge, Senior Division, Thane by which order the application Exh.5 for temporary injunction filed by the appellant/plaintiff came to be rejected. The plaintiff claims to have 1/3rd share in the suit as the heir of one Dadumiya Teli. The plaintiff had filed Special Civil Suit No.104 of 2000 for partition in respect of the properties mentioned in para II of the plaint. The Trial 2 Court has rejected the said application Exh.5 on the ground that there is a delay on the part of the plaintiff in approaching the Court. The Mutation Entry No. 200 was effected and certified in the year 1935 and the plaintiff has remained silent for years together. The Trial Court also took into consideration the fact that the defendants have invested a huge amount pursuant to the Development Agreement dated 7th October, 1996. The Trial Court also took into consideration the fact that the plaintiff though having filed the Suit in the year 2000 did not pursue the application Exh.5 for temporary injunction till 2008. In the said conspectus of facts the Trial Court did not deem it fit to grant the temporary injunction sought for by the plaintiff. 2. In my view, the reasons mentioned in para 23 of the said Order are unexceptionable and do not call for interference at the hands of this Court. The above Appeal from Order is accordingly dismissed. 3 3. In view of the dismissal of the Appeal from Order, Civil Application does not survive and the same is accordingly disposed of. (R.M.SAVANT, J.)