IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.722 OF 1996 Sajida Ali Arshad and others ..Appellants V/s. C.P.Kotwal and others ..Respondents Mr.G.S.Godbole, advocate for appellants Mrs.Sunita Agrawal (in person) Coram : D.G.Karnik, J Date : 14th November, 2006 P.C. 1. Heard learned counsel for the appellants. This appeal is directed against the order dated 9th April, 1996 passed by the City Civil Court rejecting the appellants' motion for an injunction. 2. The appellants filed a suit against respondents for a declaration that the contract for sale contended in a letter dated 5th July, 1992 was illegal, unlawful, null & void and for an injunction restraining respondent Nos.1 and 2 from disturbing their possession. 3. The trial Court found that respondent Nos.1 and 2 were in possession of the suit property. The respondents had produced on record their ration card, Bank pass book, L.I.C.policy and letters received from the society as well as bills for payment of maintenance charges paid to the society, all of which showed that the respondents were in possession of the suit property. On the other hand, no satisfactory evidence is adduced by the appellants to show that they were in possession of the suit property. In the circumstances, the trial Court committed no error in rejecting the interim relief of injunction. 4. The contention of the appellants that the letter amounting to agreement was obtained by the respondents by misrepresenting can be decided only at the trial after recording of the evidence. Prima facie, there is an agreement of sale executed by the appellants and the respondents appear to be in possession of the suit property in pursuance of the said agreement. In the circumstances, there is no merit in the appeal which is hereby dismissed. (D.G.Karnik, J.)