1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 8760 OF 2004 IN SECOND APPEAL NO. 1190 OF 2004 Najmunnisa Begus W/o Mohammad Gaus .. Applicant Versus Shaikh Shabbir S/o Shaikh Gulam .. Respondent Shri Dhananjay Deshpande, Advocate for the Applicant. Shri G. K. Naik Thigale, Advocate for the Respondent. CORAM : N. D. DESHPANDE, J. DATE : 13TH NOVEMBER, 2009. ORAL ORDER : 1. Heard Shri Dhananjay Deshpande, the learned counsel for the appellant/applicant. The second appeal is admitted after hearing the parties. Shri Thigale is opposing injunction which was earlier granted by interim order, admittedly, regarding the suit property. There was document of title executed by the respondent/defendant in favour of the appellant who is original plaintiff. The parties are in close relation, the plaintiff is real sister of the defendant/respondent. The defendant/respondent says that sale deed was nominal and sham document which 2 means for no consideration. Still such execution is binding on the parties. The consequences that flows or not about the transfer of ownership or interest will be subject to the decision and the out come of the appeal. However, in Trial Court, plaintiffs suit was decreed for possession and its protection on the basis of the said conveyance, which is at Exhibit 67. Same property is held by the plaintiff/appellant, as such, the same position needs to be restored, even if defendant/respondent intends or found in possession of the suit premises subject matter of Exhibit 67, he should quit. In default, his case will not be heard in second appeal. The civil application is disposed of accordingly. [ N. D. DESHPANDE, J.] bsb/Nov.09