: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.131 OF 2008 WITH CIVIL APPLICATION NO.171 OF 2008 IN APPEAL FROM ORDER NO.131 OF 2008 Shrikisan M. Heda & Ors. ....Appellants V/s. Balchandra S.Pradhan ....Respondent Mr.R.G. Ketkar with Mr.R.S. Khadapkar for the Appellants. Mr.Amit Borkar for the Respondent. CORAM : S.J. VAZIFDAR, J. DATED : 21ST APRIL, 2008. P.C. : 1. The impugned order warrants no interference. The agreement of which specific performance is sought was entered into in 1987. It was modified in 1990 by increasing the consideration from Rs.15,000/- per acre to Rs.1,68,000/- per acre. 2. As the land was affected by the Urban Land Ceiling Act, permission was sought from the concerned authorities for the same. That permission was rejected by an order dated 13.2.1995. The same was : 2 : communicated to the Appellants. 3. Subsequently a fresh application was made as per the then prevailing scheme under the U.L.C. Act by the Respondent. 4. The suit was filed in 1997. During the pendency of the suit, there was no injunction although a lis-pendence has been filed by the Appellants/Plaintiffs. The Respondent/Defendant has been dealing with the property and selling the same during this period. The transactions pertain to the year 2002. The application for injunction has been taken out five years thereafter. Further the Application is taken out when the evidence has already commenced and the Plaintiff is under cross-examination. 5. In the circumstances, no interference with the impugned order is warranted. The Appeal from Order is accordingly dismissed. 6. The Civil Application is also accordingly dismissed.