1 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 707 OF 2009 Chandrakant V. Chaudhary & anr. ... Appellants v/s Rajendra R. Shivale ... Respondent Mr.S.N.Chandrachood for the appellants. Mr.A.B.Tajane for the respondent. CORAM: SMT.NISHITA MHATRE, J. DATED: 9TH NOVEMBER, 2009 P.C.: 1. The appeal from order has been preferred against the order passed by the Trial Court i.e. the Third Additional Judge, S.C.C., Pune and Joint Civil Judge, Sr.Divn., Pune, on 15.6.2009. By the impugned order, the learned Judge has refused the temporary injunction sought for by the appellants. While doing so, the learned Judge has made certain observations regarding the genuineness of the document i.e. the agreement of sale allegedly entered into between the plaintiffs and the defendant. These observations 2 are found in para 10. In para 11, the learned Judge has observed that, despite the contention of the plaintiffs that the entire consideration of Rs.4 lacs was paid to the defendants from time to time, no receipts were produced. It is on this basis that the learned Judge has refused the injunction. 2. In my view, there is no need to interfere with the impugned order. All the observations made in the impugned order are obviously prima facie and made only for the purposes of ascertaining whether the interim relief should be granted to the appellant. These observations cannot and should not influence the Trial Court while deciding the issues on merits. 3. Appeal from order dismissed. 4. In view of dismissal of the appeal from order, the Civil Application No.882 of 2009 also stands dismissed. ..... 3