1 82 ao.306.08 ndm FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 306 OF 2008 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. Amit Sale for the Appellant. Mr. Vikas Kolekar for the Respondents. CORAM : A.S.OKA, J. DATE : 18 th February, 2011. P.C. 1 Heard the learned counsel appearing for the Appellant. 2 The Appellant is the original plaintiff. The Appellant has filed a suit for specific performance of agreement for sale of the suit property allegedly executed by the 1 st respondent. An application for temporary injunction was made by the Appellant, which has been dismissed by the impugned order. 3 After having heard the learned counsel appearing for the Appellant, I find that no case is made out for interference with the discretionary order passed by the trial Court. Apart from the fact that from 3 rd March, 2008, there 2 82 ao.306.08 is no ad-interim injunction operating in favour of the Appellant, the trial Court has recorded a prima-facie finding that there was a gross delay in approaching the Court. Hence, no case for interference is made out. The appeal from order is dismissed. However, all contentions of the parties in the pending suit are kept open and the suit will be decided uninfluenced by the prima-facie observations made by the learned trial Court in the impugned order. Hearing of the suit is expedited. 4 Civil Application No. 364 of 2008 does not survive and the same is disposed of. [ A.S.OKA, J ]