1 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 65 OF 2010 ALONG WITH CIVIL APPLICATION NO. 109 OF 2010 Smt.Afsana Abbas Khan & ors. ... Appellants v/s Smt.Jehra Mohamed Jivaji & ors. ... Respondents Mr.A.S.Khandeparkar i/by Khandeparkar & Associates for appellants. Mr.A.Y.Sakhare i/by Jeetendra Sachdev for Resp. No.5. CORAM: SMT.NISHITA MHATRE, J. DATED: 9TH MARCH, 2010 P.C.: 1. The appeal has been preferred against the order dated 30.12.2009 passed by the Civil Judge, Sr. Divn., Panvel. The appellants/plaintiffs had filed the suit before the Trial Court contending that the predecessor-in-title of defendant Nos.1 to 4 had entered into an agreement with them for the transfer of their leasehold rights in the suit property. According to the appellants, they have paid a major part of the consideration for the plot of 900 sq. mtrs. The appellants contend that 350 sq. mtrs. of this plot has been transferred by defendant Nos.1 to 4 in favour of defendant No.5 and a 2 tripartite agreement was executed between defendant Nos.1 to 4, 5 and CIDCO. Since the appellants came to know of the defendants’ intention to transfer their remaining entitlement of 550 sq. mtrs. to a third party, the appellants filed the suit. 2. The Trial Court has granted an injunction restraining defendants 1 to 4 from creating third party rights in 550 sq. mtrs. Defendant No.6 has also been restrained from executing lease agreement with defendant Nos.1 to 4 till the suit is disposed of. Defendants 7 and 8 are also restrained from granting further permission for transfer of the development rights in respect of the 550 sq. mtrs. of the suit land. 3. In my view, this is a discretionary order passed by the Trial Court which takes into consideration the facts and circumstances of the present case. The Trial Court has observed that defendant No.5 is, prima facie, a bonafide purchaser with respect to 350 sq. mtrs. of land. 4. In my view, there is no need to interfere with the findings of the Trial Court which in any event are prima facie. 5. Appeal from order stands dismissed along with the civil application. 3 4