1 AO NO.135/2010 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD APPEAL FROM ORDER NO.135 OF 2010. with CA NO.13605/2010. Gangadhar s/o Ganpat Gawade - APPELLANT VERSUS 1) Mandabai Asaram Jagtap & Anr. - RESPONDENTS ***** Mr.AU Patil, Adv. h/for Mr.VR Dhorde,Advocate for Appellant; Mr.BS Shinde, Adv.h/for Mr. VP Latange, Adv. for Resp.No.2. ----- CORAM : K.U.CHANDIWAL,J. DATE : 21st DECEMBER,2010. PER COURT: 1) Heard finally. 2) Refusal to grant injunction below Exh.5 in Special Civil Suit No.102/2010 by learned Civil Judge, Senior Division, Ahmednagar, is questioned by the plaintiff. 3) The respondent has come with a case that he is a bonafide purchaser for value of the suit property based on a sale-deed in his favour dated 14.12.2009 and he is in possession thereof. 2 AO NO.135/2010 4) The plaintiff came with a case that the original defendant no.1 executed an agreement of sale concerning the suit land on 18.10.2008 in his favour upon which he parted Rs.1,00,000/- as an earnest and the sale-deed was executed within two years. The possession was with the appellant/plaintiff since before he had sold out the land to the defendant no.1 by registered sale deed dated 17.5.2002. Such stand has been taken by the appellant was prima facie not found to be in tune with the record. The observations of the learned Judge in this respect being evaluating the available record, and right also, does not call for any interference. It is to be mentioned that the learned Judge in paragraph 7 has indeed protected the interest of the appellant by restraining the respondent from alienating the suit property. Such restraint to remain in force till completion of the trial. 5) With the above observations, Appeal from Order lacks merit, dismissed with CA. No costs. (K.U.CHANDIWAL) JUDGE bdv/