1 909-caa.1652.10 ndm FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1652 OF 2010 IN APPEAL FROM ORDER NO. 1341 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. Vineet B. Naik and S. Kulkarni i/b M/s. Shah and Sangahvi for the Applicant. Mr. Sagar G. Talekar for Respondent Nos.1 and 2. Mr. J.G.Reddy for Respondent No.3. CORAM : A.S.OKA, J. DATE : 01 st April, 2011. P.C. 1 Heard the learned counsel appearing for the Applicant. 2 The learned counsel appearing for the Applicant submits that there is no prima­facie evidence of the title of Respondent Nos.1 and 2 (original plaintiffs). The learned counsel appearing for the Applicant further submitted that the suit is simplicitor for injunction and even in respect of the part of the property which is not in possession of Respondent Nos.1 and 2, there is no prayer for possession made in the suit. 2 909-caa.1652.10 3 The appeal has been admitted for final hearing. Grant of prayer clause (B) will virtually amount to grant final relief which in the facts of the case cannot be granted as the issues raised by both the parties will have to be gone into at the time of final hearing. Prayer clause (C) cannot be granted as the suit will have to proceed. 4 Hence, application is rejected. [ A.S.OKA, J ]