: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.397 OF 2008 WITH CIVIL APPLICATION NO.466 OF 2008 Waman T. Mate & Ors. ....Appellants V/s. Suresh A. Patil & Ors. ....Respondents Mr.Vijay Patil for the Appellants. Mr.N.V. Walawalkar, Senior Counsel with Mr.S.H. Joshi for Respondent Nos.1 and 5 to 9. CORAM : S.J. VAZIFDAR, J. DATED : 29TH APRIL, 2008. P.C. : 1. The impugned order has taken into consideration the relevant facts while refusing to grant the injunction. I am not inclined to interfere with this order. 2. The evidence which was subsequently produced by the Respondents clearly demonstrates that at the very least and at the latest by the year 2000 the Appellants knew of the rights created in favour of the Respondents by the agreements dated 30.10.1991 and 7.4.1992 which was subsequently perfected by the sale-deed dated 16.3.1999. The proceedings before the : 2 : Revenue Authorities also indicate that this knowledge was prior to 4.5.2000. Indeed prior thereto, the proceedings were pending against the erstwhile co-owners inter-se. Despite the same the present suit was filed only in the year 2004. I am not inclined to reject the Appeal from Order on the ground of delay alone. This delay in fact militates against the Plaintiffs’ case atleast prima-facie about the genuineness of the documents. 3. The statements before the Revenue Authorities, it was admitted that the payments under the said transaction had been made. The further allegations/contentions that the amount was repaid does not carry the Appellants’ case any further on the question of genuineness of the documents. 4. If the Respondents are permitted by the S.L.A.O. to withdraw any amounts, it shall be only on the condition that Respondent Nos.1 and 5 to 9 first file an affidavit before the trial Court undertaking to bring the money back with such rate of interest as the trial Court may decide at the final hearing of the suit. 5. In the circumstances, the Appeal from Order : 3 : is dismissed subject to the above. The Civil Application is also accordingly dismissed.