1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.167 OF 2009 IN NOTICE OF MOTION NO.3039 OF 2007 IN SUIT NO.1758 OF 2003 Jayesh N. Joshi ..Appellant. Vs. Shantaram V. Karnik & Ors. ..Respondents. Ms.Divya R. Trivedi for the Appellant. Mr.O.R. Tiwari for Respondent no.1. Mr.I.S. Thakur for Respondent nos. 2 to 4. CORAM : B.H. MARLAPALLE AND S.J. VAZIFDAR, JJ. DATED : 9TH JULY, 2009 P.C. :- We have heard Ms.Trivedi, the learned counsel for the Appellant. 2. By the impugned order dated 27.1.2009, Notice of Motion No.3039 of 2007 has been rejected by a detailed and reasoned order. 3. The learned Single Judge noted that the agreement sought to be executed in Suit No.1758 of 2003 was signed on 12.1.1995, the 2 suit was filed eight years later and even from September, 2003 till the date of the impugned order, there was no injunction operating in favour of the Plaintiff, the present Appellant. 3. The learned Single Judge further noted that the criminal case in which the very agreement is the subject matter of examination, has progressed for trial and the evidence was being recorded. For all these reasons, the learned Single Judge held that, prima-facie, there was no case made out to grant the discretionary relief of temporary injunction, pending the trial of the suit. 4. We are satisfied that the reasoning set out by the learned Single Judge, does not call for any re-consideration by us and hence, this Appeal must fail. 5. The Appeal is hereby dismissed. (S.J. VAZIFDAR, J.) (B.H. MARLAPALLE, J.)