: 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.956 OF 2008 Shri Pandit Bhauso Khaware ... Appellant V/s. Suochana Sakharam Varne ... Respondent Mr.A.B. Borkar for Appellant None for Respondent CORAM: SMT.NISHITA MHATRE, J. DATED: NOVEMBER 3, 2009 P.C.: 1. The Appeal from Order has been filed against the order dated 25.8.2008. By this order, the prayer of the plaintiff for an injunction restraining the respondent defendants from carrying out any construction in the suit premises was dismissed. An earlier application for interim relief at exhibit 5 was dismissed on 20.4.2004 by the trial Court on the ground that the suit was barred by limitation. 2. In the present impugned order, the learned Judge has taken note of the earlier order and has therefore not passed any order in favour of the plaintiff. In my opinion, no error of law has been committed by the Court below in refusing an injunction. 3. Appeal is therefore dismissed. 4. In view of the dismissal of the Appeal, Civil application No.1157 of 2008 does not survive and is dismissed accordingly.