1 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 1046 OF 2008 ALONG WITH CIVIL APPLICATION NO. 1273 OF 2008 Nafees Ahmed Nazir Ahmed Ansari & anr. ... Appellants v/s Mrs.Meena Motiram Dadlani & anr. ... Respondents Mr.P.K.Hushing for the appellants. Mr.S.K.Chaturvedi i/by Chaturvedi & Associates for respondent Nos.1 and 2. CORAM: SMT.NISHITA MHATRE, J. DATED: 1ST FEBRUARY, 2010 P.C.: 1. The appeal from order has been preferred against an order dated 7.7.2008 by which the applications at Exh. Nos.5 and 40 have been rejected by the Trial Court. 2. The contention of the appellant is that they had paid an amount of Rs.51,000/- pursuant to the memorandum of understanding which was arrived at between the appellants and the respondents. It is submitted that the memorandum of understanding indicates that Rs.51,000/- have already 2 been paid to the defendants i.e. the respondents herein and, therefore, the Trial Court was in error in not granting any injunction against the respondents from creating third party rights in respect of the suit property. 3. I have perused the copy of the impugned order. In my opinion, the learned Judge had not committed any error by refusing the interim relief to the appellants. The Trial Court has observed that a notice dated 1.8.2007 was issued by the respondents to the appellants calling upon them to pay the amount agreed as per the agreement arrived at between the parties. The notice also indicates that the respondents had denied having received any amount from the appellants including this amount of Rs.51,000/-. It is in these circumstances, the Trial Court has held that the appellants had not complied with any of the terms and conditions of the memorandum of understanding besides having not made any payment. In these circumstances the interim relief was refused. 4. I do not find any perversity in the order or any infirmity therein which requires to be corrected by this Court. 5. Appeal from order stands dismissed along with the civil application. ..... 3 4