1 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 115 OF 2009 ALONGWITH CIVIL APPLICATION NO. 133 OF 2009 Nandkishore Ramappa Todkar ... Appellant v/s Ramappa Girdharappa Todkar & ors. ... Respondents Mr.C.M.Kothari for the appellant. Mr.P.D.Dalvi for respondent Nos.6. CORAM: SMT.NISHITA MHATRE, J. DATED: 5TH DECEMBER, 2009 P.C.: 1. This appeal from order has been filed against an order dated 4th October, 2008 by which an application at Exh.5 has been rejected. The appellant claims that temporary injunction has been refused by the Trial Court. According to the appellant, the construction is complete, some flats are still vacant and have not been sold by the respondents to any third person and, therefore, an injunction ought to have been granted in respect of those flats. 2 2. An affidavit has been filed by respondent No.6 on 25.11.2009 indicating the names of the persons who have been sold flats in the building. The affiant has stated that there are only 10 flats in the building all of which have been sold. 3. In these circumstances, I see no reason to interfere with the order passed by the Trial Court. 4. It is submitted on behalf of the appellant that, it appears that these are benami transactions and, therefore, interim relief ought to have been granted. 5. If in fact this is so, it is necessary for the appellant first to obtain inspection of the documents as permissible in law and then to file the requisite application before the Trial Court for appropriate orders. If such an application is filed before the Trial Court, it shall be decided in accordance with law. 6. Appeal from order stands dismissed with the civil application. ..... 3