1 IN THE HIGH COURT OF JUDICATURE AT BOMABY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.970 OF 2009 WITH C.A.NO.1204 OF 2009 Shri. Anand A. Choithani. ..Appellant. Vs. Smt.Sitabai H. Choithani and ors. ..Respondents. Mr.B.L.Gandhi i/by K.C.Pandey for the Appellant. CORAM : R.S. MOHITE, J. DATE : 23/9/2009 PC: 1 This is an appeal filed by the original plaintiff. The plaintiff has filed a suit for various reliefs including the relief that he is entitled to put up a partition wall along with an area marked as A&B in the sketch annexed to the plaint. In the said suit, he has filed notice of motion for injunction restraining the defendants from transgressing into the area within the line A and B alleged to be in his possession. He also 2 seeks another injunction restraining the defendants from using the area shown in the enclosures B,C,D and E. The origin of the plaintiff s right is said to be an affidavit filed by the father of the defendants Hari Choithani. On perusal of the said document, it is seen that the same purports to transfer of 103 sq. yards out of 206-sq. yards of the property as mentioned in the conveyance deed issued by the Govt. of Maharashtra. The document does not specify which half portion was transferred. It does not indicate the area as shown in the sketch attached to the plaint. In my view, injunction as sought for cannot be granted. A.O. is therefore, dismissed. C. A. No. 1204 of 2009 1 As the main appeal is dismissed, civil application does not survive and the same is also dismissed. (R.S. MOHITE, J.)