1 IN THE HIGH COURT OF JUDICATURE AT BOMABY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER ST. NO.805 OF 2009 WITH C.A.NO.1003 OF 2009 Madhukar P.Shinde and anr. ..Appellants. Vs. Dr. Dilip M. Khinvasara and ors. ..Respondents. Mr.K.S.Patil for the Appellants. Mr.P.S.Dani for the Respondents. CORAM : R.S. MOHITE, J. DATE : 23/9/2009 PC: 1 This is an appeal filed by the original plaintiffs impugning an order passed below Exhibit-5 in Special Civil Suit No.199 of 2009. The Plaintiff have filed a suit for declaration that Plaintiff Nos. 7 to 12 are the owners of the suit property. They claim that they have purchased the suit property from the plaintiff Nos. 1 to 6, who were admittedly the previous owners, by a registered sale deed dated 13.8.2008. As against this, the defendant Nos. 2 to 7 against whom 2 injunction is sought have contended that they have purchased the suit property from the plaintiff Nos. 1 to 6, 8 and 9 by a prior to the registered sale deed dated 22.7.2008. This prior registered sale deed is actually signed by the plaintiff No.6 and defendant Nos. 8 and 9 who in turn hold a power of attorney on behalf of the plaintiffs Nos. 1 to 6. It is seen that this power of attorney dated 5.11.1993 permits the defendant Nos. 8 and 9 to give power to further attorney and to effect a sale. In this view of the matter, till the prior sale dated 22.7.2008 is set aside, injunction as sought cannot be granted. In my view, there is no infirmity in the impugned order and hence, the appeal is rejected. C.A.NO.1003 OF 2009 1 As the main appeal is rejected, civil application does not survive and the same is also rejected. (R.S. MOHITE, J.)