1 ao295-05 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION rpa APPEAL FROM ORDER NO.295 OF 2005 Madhukar W. Rikame .. Appellant V/s. Vasant Damu Thete & Ors. .. Respondents ..... Mr. P. N. Joshi for the appellant. Mr. Nitin Mulye for respondent No.1. ..... CORAM : A. S. OKA, J. DATE : MARCH 31, 2011. P.C.:- Heard the learned counsel appearing for the parties. The Appellant is the original plaintiff and the respondents are the defendants. In a suit filed by the appellant for specific performance of an agreement of sale of immovable property, an application for temporary injunction was made which was rejected by impugned order dated 15th January, 2005. On 12th April, 2005, this Court granted ad-interim relief of temporary injunction subject to applicant depositing the balance consideration of Rs.1,19,100/- which was 2 ao295-05 deposited in this Court. By further order dated 6th July, 2006, the application for interim relief was rejected by this Court and ad- interim injunction granted earlier was vacated. As a result there is no injunction operating in favour of the appellant from 6th July, 2005. 2. By the impugned order, the trial Court has declined to grant discretionary and equitable relief of temporary injunction. Even after considering the deposit of alleged balance consideration made by the appellant, this Court by order dated 6th July, 2005 came to the conclusion that the appellant was not entitled to injunction and in fact, the appellant was given a liberty to move the Court to withdraw the deposited amount. 3. As there was no interim relief operating in favour of the appellant from 6th July, 2005, at this stage, no case is made out for interfering with the discretionary and equitable order. Appeal is, accordingly, dismissed. If amount of Rs.1,19,100/- is not withdrawn by the appellant till today, trial Court will permit the appellant to withdraw the same. 3 ao295-05 4. If the suit is still pending, the same shall be decided without being influenced by the order passed by this Court, as expeditiously as possible. JUDGE