: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.363 OF 2009 ALONGWITH CIVIL APPLICATION NO.439 OF 2009 Harishchandra Sopan Surwase .. Appellant V/s. Manoj Kundlik Mali .. Respondent Mr. Nitin P. Deshpande for the Appellant. Mr. K.J. Kandpile for the Respondent. CORAM : SMT. NISHITA MHATRE, J. DATED : 8 TH DECEMBER, 2009. P.C.: 1. The Appeal from Order arises from the rejection of the application for interim reliefs filed by the appellant before the trial Court. The case of the appellant was that he has entered into an agreement for purchase of agricultural land from the respondent. Permission of the Authorities was required and, therefore, according to the appellant, an application was made for such permission. It is contended that full consideration was paid by the appellant to the respondent. However, no written agreement for sale was : 2 : executed. The appellant by filing a Suit has sought specific performance of the oral agreement in respect of immovable property. 2. In my opinion, the trial Court has committed no error in rejecting the application for interim reliefs. The trial Court has considered the fact that the mutation entries in the revenue records, prima facie, indicate that the respondent-defendant was in possession of the suit property. The trial Court has disbelieved the possession receipt on which the appellant-plaintiff relied to establish his possession. The trial Court has considered the fact that the respondent-defendant had also denied having received any amount towards the purchase price of the suit property. 3. In these circumstances, in my view, the trial Court has committed no error by refusing the interim reliefs to the appellant-plaintiff. 4. The Appeal from Order is dismissed. : 3 : 5. Since the order challenged is an interim order, obviously the trial Court will decide the Suit without being influenced by any observation made in this order. 6. In view of the above, Civil Application No.439 of 2009 pending in the Appeal from Order does not survive and the same is dismissed. .......