1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.449 OF 2009 WITH CIVIL APPLICATION NO.542 OF 2009 Shri Liyakat Hussain Khan & Anr. ....Appellants Versus Mr.Bangra Kullur Sheena & Anr. .... Respondents. Shri O.P.Singh, Advocate for the Appellants. Mr.R.A.Thorat, Advocate for Respondents. CORAM : R. V. MORE, J. DATED : 20TH APRIL, 2009. P.C. The Appellants are the Original Plaintiffs in S.C.Suit No.940 of 2008. The Suit was filed by them for declaration that the agreement dated 10th December, 1994 and the Deed of Confirmation dated 31st August, 2006 executed in favour of the Respondents by the erstwhile owners of the property is not binding on the Appellants. The Appellants also filed Notice of Motion No. 958 of 2008 in this Suit restraining Respondents by an order of temporary injunction from acting upon the said deed of confirmation. 2 2. The Appellants-Original Plaintiffs claims right on the basis of Consent Terms arrived on 24th February, 1993 in S.C.Suit No.7883 of 1988. There is no dispute that the consent decree is required to be registered and the Appellants have not registered the said consent decree dated 24th February, 1993. The erstwhile owners in pursuance of the Agreement dated 10th December, 1994 executed the Deed of Confirmation on 31st August, 2006 in respect of the suit property in favour of the Respondents. The prayers claimed in the Notice of Motion cannot be granted unless the said deed of confirmation in favour of the erstwhile owners is set aside by the Court of the Competent jurisdiction. I do not find any merit in the Appeal from Order and the same is accordingly, dismissed. 3. In view of the dismissal of the Appeal from Order, the Civil Application No.542 of 2009 will not survive and therefore, the same is disposed of. (R. V. MORE, J.)