1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.168 OF 2009 WITH CIVIL APPLICATION NO. 199 OF 2009 Obedullah Mohammed Hanif Saudi : Appellant versus Mr Abu Bakar Abdul Rahim Suliya & Anr. : Respondents. Shri Rahul Tiwari i/by Shir K R Tiwari & Co. for the Appellant. Shri Imteyaz I Gave for the Respondents. CORAM : R.M.SAVANT, J. DATED : FEBRUARY 17, 2009 P.C. 1. This Appeal is directed against the order dated 25th January 2009 by which order ad­interim reliefs have been refused to the Appellant/Plaintiff by the trial Court i.e. The City Civil Court at Dindoshi, Mumbai. The said ad­interim reliefs have been refused on the ground that the suit i.e. S C Suit No.207 of 2009 has been filed 2 on the basis of an apprehension and the Plaintiff has not been able to demonstrate the cause of action available to him to file the said suit. 2. The Plaintiff has relied upon a document which purports to be an Agreement dated 21st May 2003 between him and the Defendants. The said Agreement is in respect of a land admeasuring 9500 sq.feet bearing CTS No.13/12 and 28 of Akurli Village, Tal.Borivali, Mumbai Suburban District together with a stable having 60 khillas admeasuring about 1200 sq.feet and a godown admeasuring 445 sq.feet and a room admeasuring about 300 sq.feet situated at Opp.Pioneer School, Akurli Road No.3, Kandivali(East), Mumbai. The consideration mentioned in the said Agreement is Rs.45,000/­ The Agreement is an unregistered document and also has not been notarized. 3. On behalf of the Defendants i.e the Respondents herein the said Agreement is denied so also the consideration mentioned therein. 3 4. The Notice of Motion filed by the Plaintiff is as yet pending. In my view, the reasons mentioned by the trial Court for refusal of the ad­interim reliefs can not be faulted with. The above Appeal from Order is accordingly dismissed. 5. In view of the dismissal of the above Appeal from Order, the Civil Application No.199 of 2009 does not survive and the same is accordingly disposed of. [R.M.SAVANT, J]