1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.610 OF 2009 WITH CIVIL APPLICATION NO.766 OF 2009 Shri Dilip Nanabhau Adak & Ors. ..Appellants V/s Shri Subhash Keshav Adak & Ors. ..Respondents ---- Mr.Rahul Kadam i/by S.S.Bhalerao & Co. for the appellants. Mr.S.M.Suryawanshi for the respondent nos.1 to 6. Mr.S.R.Sawant for the respondent no.7. ---- Coram : R.S.MOHITE,J Date : 29.9.2009. PC 1 This is an appeal filed by the original plaintiff against the dismissal of his application for grant of interim relief. The plaintiff has filed the suit for asserting his rights under two agreements. It is seen that there is no specific prayer made for specific performance of these two agreements. Be that as it may, I find from the record that one of the agreement is signed by the defendant no.1 and the other agreement is signed by defendant nos.2 & 5. Admittedly, defendant nos.3, 4 & 6 who are co-owners had not signed any of the agreements in favour of the plaintiff. Agreements also do not mention that possession has been given. In the circumstances, in my view, no fault can be found in the impugned order which denies the injunction against interfering with the plaintiff’s possession or creating third party rights. It is extremely doubtful whether any agreement which is not signed by 2 other co-owners can be performed. In this view of the matter, appeal is summarily dismissed. CIVIL APPLICATION NO.766 OF 2009 As the appeal is dismissed, Civil Application does not survive and stands disposed off accordingly. (R.S.MOHITE,J)