: 1 : FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPEAL FROM ORDER NO.1141 OF 2008 WITH CIVIL APPLICATION NO.1397 OF 2008 -------------------------------------------------------------- Office Notes, Office Memoranda Court’s or Judge’s orders of Coram, appearances, Court’s . orders or directions and . Registrar’s orders . -------------------------------------------------------------- Mr.R.S. Sharma for the Appellants. Mr.R.S. Apte with M.Girish Paryani for Respondent Nos.9, 10, 11. Mr.A.R. Pitale for Respondent No.12. CORAM : S.J. VAZIFDAR, J. DATED : 14TH NOVEMBER, 2008. P.C. : 1. The impugned order warrants no interference. It is a moot point whether the suit is at all maintainable being only for a declaration of title and for an injunction. Admittedly the Appellants/Plaintiffs are not in possession. No decree for possession is sought. 2. Further the rights in favour of : 2 : Defendant Nos.9, 10, and 11 were created by Defendant Nos.1 and 2 in 1997 although the conveyance was registered in the year 2004. Thereafter substantial construction has been put up and third party rights have been created. The suit was filed after a delay of almost ten years. Even assuming that the delay is only of three years, it would make little difference. Added to this is the fact that atleast at this stage, the title of the Plaintiffs’ predecessor is not clearly established. 3. In the circumstances, the Appeal from Order and the Civil Application are accordingly disposed of.