1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 472 OF 2009 WITH CIVIL APPLICATION NO. 574 OF 2009 Shri Namdev Vithal Bodke ....Appellant Versus Shankar Vithal Bodke & Ors. ....Respondents. Shri Navin B. Shah i/b. Mr.Piyush Shah for the Appellant. CORAM : R. V. MORE, J. DATED : 27TH APRIL, 2009. P.C. Heard, Mr.Navin Shah, learned Counsel for the Appellant. 2. The Appellant is Original Plaintiff and Respondents are the Original Defendants. The Appellant and Respondent Nos.1 to 7 are coparceners and Respondent No.1 is the Manager/Karta of the joint family. The Respondent No.1 sold the suit property to the father of Respondent Nos.8 to 10 in the year-1972. 3. The present suit came to be filed for partition and for declaration that the Sale Deed executed by the Respondent No.1-Manager is not binding on the Appellant/Original Plaintiff. The Application at Exhibit-5 2 was also taken for restraining the Defendants from creating third party interest in the suit property. The said application came to be rejected and therefore, the present Appeal from Order. 4. The transaction which is challenged by the present Appeal from Order was entered into between the Manager/Karta of the joint family and predecessor in title of Respondent Nos. 8 to 10 in the year-1972. The entries of these transaction was given effect in the record of the suit property in the year 1976. The suit is filed after thirty years. It is difficult to believe that the Appellant was not aware of the suit transaction. The above facts in my view disentitles the Appellant from claiming any injunction. Similar conclusion is recorded by the Trial Court and I do not find any error in those findings. The Appeal from Order is devoid of any merit and the same is dismissed as such. 5. In view of the dismissal of the Appeal from Order, the Civil Application No.574 of 2009 will not survive and therefore, the same is disposed of. (R. V. MORE, J.)