1 ao933.11.sxw IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION. Appeal from Order No. 933 of 2011 WITH Civil Application No. 1320 of 2011 IN AO 933/2011 Mr. Ramanlal Hiralal Zaver ....Appellant v/s. Mr. Dnyandeo Digamber Patil ....Respondent Mr. V.S.Gokhale for the appellant. CORAM: R.M. BORDE, J. 15th November, 2011 PC: The application for injunction tendered by the appellant-original plaintiff at exhibit 5 has been turned down by Joint Civil Judge, Sr. Division, Solapur by order dated 16th April, 2011 and said order passed on interlocutory application is subject matter of challenge in this Appeal from Order. The plaintiff’s claim that there was an oral agreement between himself and defendants and in pursuance thereto he was put in possession of the disputed property. The plaintiff has shifted his stand and contended that there is Memorandum of Agreement recorded on stamp paper of Rs. 50/- which is placed on record wherein it is recited that the possession would be handed over at the time of execution of sale. In contrast with the averments made in the written agreement, there appears to be Kabje pavati placed on record wherein it is averred that possession has already been handed over to the plaintiff. The property in question in respect of which the plaintiff claims specific performance of agreement infact belongs to forest department. It is very much doubtful whether plaintiff was put in possession of the disputed property. 2 ao933.11.sxw 2. Considering all these aspects, the trial Court has refused to grant the order of injunction in favour of the plaintiff although there was no response from the defendants. I do not find any infirmity in the order passed by the trial Court. Appeal from Order is devoid of substance. Hence, stands dismissed. 3. In view of dismissal of Appeal from Order, civil application does not survive and stands disposed of. (R.M.BORDE, J)