* 1 * IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 1222 OF 2008 1. Shri.Bhagwat Krishna Devkate 2. Shri.Hanumant Krishna Devkate 3. Shri.Balu Krishna Devkate 4. Shri.Dada Krishna Devkate ......Appellants/Orig.Defds V/S. 1. Shri.Bhagwan Bhimao Devkate .........Respondent/Orig.Pff Mr. G.A.Karmalkar h/f. Mr.G.S.Hegde , adv.for appellants. Mr.V.S.Talkute, adv.for respondent. CORAM : SMT.R.P.SONDURBALDOTA, J. DATED : 8 th OCTOBER, 2009. P.C. : 1. Heard learned counsel for the parties. 2. This Appeal arises out of interim order dated 18th August, 2009 passed in the suit filed for specific performance by which the appellants have been restrained from obstructing the respondent from drawing water from the well situate at Gat No.55/2 and from creating any third party rights over the suit properties. The impugned order confirms ad­interim order dated 4th June, 2008 passed in the same terms. * 2 * 3. Mr.Karmalkar, the learned counsel for the appellants submits that the only evidence before the court to show that the respondent has infact been drawing water from the well in Gat No.55/2, are the electricity bills for the period 1st December 2004 to 30th September, 2007, in the name of the respondent. Since the respondent has already sold the land in the year 2004, there is no question of he drawing the water from the well on the land. There is no dispute that the respondent holds an electric motor and has been paying electricity bills for the electric motor installed on the well. Also the report of the Commissioner appointed by the trial court shows that there is an underground pipe line laid from the well at Gat No.55/2. These circumstances, prima­facie show that the respondent has been enjoying the water facility from the well at Gat No.55/2. Therefore, the order passed in respect of the same cannot be said to be erroneous or illegal. The second part of the impugned order is also justifiable since the suit filed is for specific performance. Hence, the Appeal from order is dismissed in limine. [SMT.R.P.SONDURBALDOTA, J]