1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2593 OF 2008 WRIT PETITION NO. 2593 OF 2008 WRIT PETITION NO. 2593 OF 2008 Hendar Chendu Patil & Anr. ...Petitioners (Orig.Plaintiffs) Versus Balaram Posha Bhopi & Anr. ...Respondents (Orig. Defendants) Mr. R.S.Datar, Advocate, for the petitioners. CORAM: J.H.BHATIA, J. CORAM: J.H.BHATIA, J. CORAM: J.H.BHATIA, J. DATE: 24th November, 2008. DATE: 24th November, 2008. DATE: 24th November, 2008. P.C P.C P.C 1. The petitioners, who are the original plaintiffs in Special Civil Suit No.333 of 2006, claimed that the defendants-respondents had entered into an agreement for sale of the suit land bearing Survey No.141, Hissa No.11A admeasuring 27.3 Ares on 6.4.1975 and since then they are in possession of the same. They issued a notice to the respondents on 12.6.2006 calling upon the defendants to execute the sale which they denied. Thereafter, suit for specific performance was filed. The suit was contested by the defendants by 2 denying all the contentions of the plaintiffs. The petitioners filed an application for temporary injunction to protect their possession pending the suit. The trial Court granted interim relief to them. However, in the appeal filed by the respondents-defendants, being Civil Misc. Appeal No.69 of 2006, the order granting interim relief was set aside. 2. According to the petitioners, the agreement took place in the year 1975, while they filed the suit for specific performance in the year 2006 after issuig notice in June 2006. Even though the petitioners claimed that they are in possession of the property, admittedly, in the column of ‘cultivation’ in 7x12 extract, the possession of the plaintiffs is not to be seen. The learned appellate Court had minutely considered the circumstances while rejecting the claim of the petitioners for temporary injunction. I do not see any illegality or irregularity in the impugned order passed by the lower appellate Court. There is no substance in the petition. 3. Therefore the petition stands dismissed. 3 (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)