- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER No. 1247 OF 2008 WITH CIVIL APPLICATION No. 1519 OF 2008 Fulchand Dhartinarayan Tiwari ... Appellant Vs. V. P. Shah & Anr. ... Respondents Mr. Anil Singh i/b D. R. Shah, for appellant. Mrs. Mukta Godse, for respondent No. 1. Mr. Appollo Moghe, for respondent No. 2. CORAM : R. V. MORE, J. DATE : JUNE 11, 2009. PC :- 1. The appellant, the original plaintiff filed S.C. Suit No. 1264 of 2008 for declaration that he has become owner of the suit property by way of adverse possession. In said suit, appellant filed Notice of Motion No. 1372 of 2008, restraining the respondents from interfering in appellant’s possession in the suit property etc. The prayer in the Notice of Motion was rejected by the impugned order and therefore, the present appeal. - 2 - 2. There is no dispute that respondent No.1 is real owner and respondent No. 2 is a developer of the property. The respondents relied upon document in the form of affidavit, which is produced at Exhibit-B, at page 127 in the compilation. The affidavit categorically shows that appellant accepted to surrender his so called rights in favour of respondents for consideration of amount of Rs.6,85,000/-. The learned counsel for the appellant though admits signature of the appellant at the bottom of this document, disputes contents of the document. However, this contention of the learned counsel cannot be dealt with at an interim stage and the same will have to be dealt at the final hearing of the suit. 3. The learned trial Court has considered all the aspects of the matter correctly and came to the conclusion that appellant is not entitled for temporary injunction, as prayed for in the Notice of Motion. I do not find any error which enable me to interfere in the appeal. I find no substance in the appeal and the same is dismissed. . In view of dismissal of the appeal, Civil Application No. 1519 of 2008 does not survive for consideration, therefore, the same is disposed of. Sd/- [ R. V. MORE, J.]