1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.728 OF 2009 IN SUIT NO.1499 OF 2009 Rajendra Harihar Singh ..Appellant V/s. Hari Bandu Londhe ..Respondent ---- Mrs.Sulbha A.Dhamale for the appellant. ---- Coram : R.S.MOHITE,J Date : 27th July, 2009. PC 1 This is an appeal filed by the original plaintiff against refusal of ad-interim relief. The plaintiff has filed the suit for protecting his possession. From the averments in the plaint, it appears to be the plaintiff’s case that by an unregistered agreement dated 5.2.2002, for a consideration of Rs.4,00,000/- his father purchased the premises from the defendant with a right to get the same transferred in his name. Though an affidavit and general power of attorney were executed on the same day state that possession has been handed over, in fact, the plaintiff’s father was staying in service quarters. Plaintiff’s father expired on 4.1.2003. It is the plaintiff’s case that on 12.2.2008 in pursuance of the notice to vacate, he shifted into the present premises. There is no documentary evidence produced before me to indicate the plaintiff’s possession. In the circumstances, no fault can be found in the impugned order. Appeal from Order is therefore, summarily rejected. (R.S.MOHITE,J) 2