1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2042 OF 2009 IN FIRST APPEAL NO. 673 OF 2009 Fatemabi Vald Noormahammad Bavani ..Applicant versus Kailas Vasant Salave & Ors. ..Respondents Mr. T. D. Deshmukh for Applicant. Mr. Dilip Bodake for Respondent Nos. 1 to 4. Mr. Vijay Patil for Respondent Nos. 5 and 6. Ms. D. Matwankar for Respondent No. 11 CORAM : S. A. BOBDE & S. J. KATHAWALLA, JJ. DATED : NOVEMBER 26, 2009. P.C. : 1. The learned counsel for the applicant prays for injunction restraining the bank from acting upon the mortgage deeds, which are the subject matter of the suit. The learned counsel for the applicant submits that the mortgage deeds could not have been treated as valid and capable of being acted upon since they have been found to be executed in pursuance of a Power of Attorney and Development Agreement which have been declared to be void. 2 2. We find that the findings of the trial court in this regard are that execution of the power of attorney is declared to be illegal, the plaintiff has herself ratified the mortgage deeds. There is a finding that the plaintiff has received consideration also. 3. In this view of the matter, we are not inclined to grant injunction restraining the bank from acting on the mortgage deeds. 4. The learned counsel for the applicant states that the applicant is not willing to deposit any amount in pursuance of the decree. 5. The learned counsel for the applicant prays for a stay of this order. Prayer is rejected. 6. Civil Application is dismissed. (S. A. BOBDE, J.) (S. J. KATHAWALLA, J.)