: 1 : Vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.743 OF 2007 Shri Panchayati Akhada Mahanirvani Goshayan Naga Sect ... Appellant V/s. Chandrakant Shriram More & Ors. ... Respondents Mr.M.S. Karnik for Appellant Mr.R.M. Haridas i/b P.N. Joshi for Respondent Nos.1, 2 & 3 Mr.V.Z. Kankaria for Resp. No.4 CORAM: SMT.NISHITA MHATRE, J. DATED: FEBRUARY 3, 2010 P.C.: 1. The appeal has been preferred against the refusal of interim relief to the appellant-trust. According to the appellant, respondent No.4 was a Thanapati of the Trust in whose name the trust property was recorded in the record of rights. It is submitted that respondent No.4 had no legal right over the property as it was owned by the trust. Respondent No.4 in turn has sold the property to Respondent Nos.1,2 and 3 and hence, the appellant has filed the suit before the trial Court. The reliefs claimed in the suit are for a declaration that the sale deed executed between respondent No.4 in favor of respondent Nos.1, 2 and 3 be canceled and further for a permanent injunction restraining the defendants from transferring the suit property to third party members or creating any further encumbrances. : 2 : 2. The trial Court while refusing interim relief has considered the submissions of the parties and found that the appellant had not proved prima facie that it had a title to this property. The trial Court has considered the fact that the respondent No.4 had inherited the property after the demise of the earlier Thanapati. The trial Court has also considered the 7X12 extracts and found that the appellant’s name is not contained in these extracts in the ownership record. In these circumstances, the trial Court has refused the injunction. 3. In my opinion, the trial Court has committed no error by refusing the injunction since prima facie the appellant was unable to establish that it had a right over that property. 4. Appeal from Order is dismissed. 5. In view of the dismissal of the Appeal, nothing remains in Civil Application No. 1044 of 2007 and the same stands dismissed as such.