ash 1 51ao-1164.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION APPEAL FROM ORDER NO. 1164 OF 2010 M/s. Magic Properties Pvt. Ltd. .. Appellant Vs. M/s. Build-Age Corporation & Others. .. Respondents -- Shri S.P. Srivastava for the Appellant. Shri Navin Parekh & Niranjan Lapashiya for Respondents. -- CORAM ; A.S. OKA, J DATED : 14TH MARCH, 2011 P.C. . Heard learned counsel appearing for the Appellant. The Appellant is the original Plaintiff. The Appellant -the Original Plaintiff is claiming on the basis of the agreement dated 30th June, 1995 allegedly executed by and between the Appellant and the 1st Respondent (1st Defendant). The suit is filed in July, 2010 inter alia claiming a declaration that the 1st Respondent is not entitled to enter into any agreement in respect of the suit property. The second prayer is for injunction restraining the 2nd Respondent from carrying out construction work. There is a prayer made for grant of leave under Order II Rule 2 of the Code of Civil Procedure, 1908. 2. By the impugned order dated 2nd August, 2010, ad-interim relief has been declined by the learned Trial Judge. 3. After having heard the learned counsel appearing for the ash 2 51ao-1164.10 Appellant, I find that there is no error in the impugned order which is of a discretionary and equitable nature passed by the Trial Court. The learned Trial Judge has made a reference to the letter dated 28th February, 2005 sent by the 1st Defendant to the Plaintiff which indicates that the said Defendant was not interested in completing the transaction in terms of the agreement relied upon by the Plaintiff. 4. The learned Trial Judge has observed that 22 tenants in the building on the suit property have already vacated the premises in their respective possession and they have been shifted to transit camp. 5. Considering the delay in approaching the Court, the learned Trial Judge has declined to grant ad-interim relief. Notice of Motion is still pending. Hence, no case for interference is made out. 6. The Appeal is accordingly dismissed. It is made clear that all contentions of the parties on merits are kept open and the Notice of Motion will be decided without being influenced by the tentative findings recorded in the impugned order and the order passed by this Court. 7. Civil Application No. 1430 of 2010 does not survive and the same is disposed of. ( A.S.OKA, J )