1 AO-457-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Mhi APPEAL FROM ORDER NO. 457 OF 2011 WITH CIVIL APPLICATION NO. 643 OF 2011 IN SPECIAL CIVIL SUIT NO. 38 OF 2008 Lalita Laxman Poilkar ... Appellant (Org.plaintiff) vs. Madhukar H. Patil & Ors. ... Respondents (Org. defendants) Mr.V.B.Ghorpade, Advocate, for the appellant CORAM: J.H.BHATIA,J. DATE : 22nd July, 2011. P.C. 1. Heard the learned Counsel for the appellant. 2. The Appeal is preferred by the original plaintiff against refusal of temporary injunction restraining the defendants from creating any third party interest in the suit property pending the suit. The suit property is agricultural land which, according to the plaintiff, had come to her father as a protected tenant. After death of her father, in 1981, her brothers, who are the defendants, had 2 AO-457-11.sxw disposed of that property in favour of defendant No.4, who is an outsider. In 2007, the defendant No.4 also disposed of the said property in favour of defendant No.5. In 2008, the plaintiff filed the suit for partition and separate possession, because according to her, she has share in the property. Therein she sought temporary injunction restraining the defendants from creating third party interest. From the above facts, it is clear that the suit property was disposed of by her brothers about 27 years before filing the suit and she filed the suit in 2008 for the first time when the property had changed so many hands. In view of these circumstances, I find no fault with the impugned order refusing temporary injunction. 3. Therefore, the Appeal and the application stand dismissed. (J.H.BHATIA,J.)