1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.676 OF 2009 Shri Shivaji Fakirrao Aher & Ors. .....Appellants Versus Shri Selakram Narayan Nagar & Ors. .....Respondents. Mr. S. K. Shinde i/b. Mr. Sagar Kasar for the Appellants. None for the Respondents. CORAM : R. V. MORE, J. DATED : 13th JULY, 2009. P.C.: Heard, Mr. Shinde, learned Counsel for the Appellants. 2. The Appellants are Defendant Nos. 2 & 3 and Respondent Nos. 1 to 4 are the Plaintiffs, the Respondent No.5 is Defendant No.1 and Respondent No.6 is Defendant No.4. The suit was filed for cancellation of the sale deed executed by the Respondent No.6 in favour of the Appellants and Respondent No.5. The Respondent Nos. 1 to 4 are the owners of the suit property. The Respondent No.6 in pursuance of alleged power of attorney of Respondent Nos.1 to 4 has executed sale deed in favour of the Appellants and Respondent No.5. The execution of the power of attorney is disputed by the Respondent Nos. 1 to 4. 3. The Respondent Nos. 1 to 4 also filed an application for temporary injunction restraining the Appellants and Respondent No.5 from interfering in their possession in the suit property and injunction restraining them from creating third party interest in the suit property. 2 4. The learned Trial Judge after hearing both the sides concluded that the Respondent Nos. 1 to 4 are not in possession of the suit property and therefore, refused injunction against Appellants and Respondent No.5. However, they were restrained from creating third party interest in the suit property. The Trial Court granted this injunction for protecting the interest of Respondent Nos. 1 to 4. No prejudice can said to have caused to the Appellants. I find the order of the Trial Court equitable and therefore, not liable to be interfered with. The Appeal from Order is dismissed, accordingly. Sd/- (R. V. MORE, J.)