BGD IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL APPEAL APPEAL FROM ORDER NO. 672 OF 2008 FROM ORDER NO. 672 OF 2008 FROM ORDER NO. 672 OF 2008 WITH CIVIL APPLICATION NO.782 OF 2008 Shri Rohidas Raoba Borate ... Appellants & Ors. Vs. Shri Vinayak Pandharinath ... Respondents Bhongale & Anr. Mr. Uday P. Warunjikar, Advocate for appellants. Mr. R.A. Thorat i/by Ms. Vrushali Tapkir for respondents. CORAM CORAM CORAM : SMT. R.P. SONDURBALDOTA, J : SMT. R.P. SONDURBALDOTA, J : SMT. R.P. SONDURBALDOTA, J. DATE DATE DATE : 12TH AUGUST, 2008 : 12TH AUGUST, 2008 : 12TH AUGUST, 2008 P.C. P.C. P.C. :- :- :- 1. By the impugned order, the appellants have been restrained from causing any disturbance or obstruction to the peaceful possession of the respondents over the suit property. There is a serious dispute raised by the appellants as regards handing over of possession of the suit property to the respondents. They have further contended that after terminating the agreement of development dated 18th October, 2005, they have entered into an agreement dated 24th September,2007 with a third party and have put the third party in possession of the suit property. No doubt, the appellants have not disclosed the 2 transaction with the third party either in the written statement or in the reply, which they ought to have. 2. The learned trial Judge has considered and made a reference to the transaction in the order. However, the learned trial Judge has not given any prima facie finding as regards the possession of the suit property. In the circumstances, the impugned order is liable to be set aside. 3. The Appeal from Order is allowed. The impugned order dated 8th February,2008 passed by the learned 12th Joint Civil Judge, Senior Division, Pune is hereby set aside. The trial Court is directed to hear the matter afresh and decide the application for interim injunction by a speaking order. The parties are at liberty to file additional affidavits / documents if they so desire. 4. In view of disposal of Appeal from Order, Civil Application does not survive. It is disposed of accordingly. ( SMT.R.P. SONDURBALDOTA, J.) SMT.R.P. SONDURBALDOTA, J.) SMT.R.P. SONDURBALDOTA, J.)