1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 610 OF 2008 W I T H CIVIL APPLICATION NO. 709 OF 2008 IN APPEAL FROM ORDER NO. 610 OF 2008 Shri. Jogindarnath Kriparam .......Appellant Verus Shri. Ramchandra Baburao Gund & Ors ........Respondents ===== Mr.B.S.Bhogal, adv.for appellant. Mr.G.S.Godbole, adv.for respondent no.1. Coram: Smt.R.P.SondurBaldota, J. Dated : 5 th September, 2008. P.C. : 1. This appeal is preferred against interim order by which the appellant alongwith several other defendants has been restrained from carrying out any construction on the suit property bearing Survey No. 38/1 admeasuring 68 R situated at Ghorpadi, District-Pune and/or from alienating and/or creating any third party interest till the disposal of the suit. 2. The order has been passed in a suit for partition filed by respondent no.1. The appellant is defendant no.28 to the suit. He is a purchaser of a small portion of the suit property. He claims to have become the owner of Plot no.9 2 by virtue of a registered sale deed dated 29th July, 1991. It was executed on the basis of two documents of power of attorney allegedly executed by the family members. It appears that the 7/12 extract in respect of the suit property incorrectly mentioned the area of the suit property as 28 R instead of 68 R. Therefore, the first power of attorney, i.e., power of attorney dated 29th July, 1989 came to be executed only for the purpose of enabling the constituted attorney to get the 7/12 record corrected to mention correct area therein. The second power of attorney which is the disputed power of attorney is dated 3rd January, 1990. 3. The registered sale deed in favour of the appellant was executed on the basis of the disputed power of attorney. In these circumstances, even if there is a registered sale deed in favour of the appellant, the interest of the respondent no.1 and other family members are required to be protected. I have perused the impugned order. It has taken into consideration every aspect of the matter to arrive at the order of interim injunction. The same does not require any interference. Hence, the Appeal from Order is dismissed in limine. 4. With the dismissal of the Appeal from Order, the Civil Application does not survive. The same is accordingly disposed off. [Smt.R.P.SondurBaldota, J] 3