1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 6772 OF 2008 IN FIRST APPEAL NO. 2315 OF 2008 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM : P.R. BORKAR.J. DATED : 29.04.2010 1. Heard Adv. Shri A.N. Gaddime h/f. Adv. Shri V.D. Gunale for the applicants. No one is present for the respondents. 2. Present applicants/plaintiffs challenge sale of plot by respondent No.1 to respondent No.2. Respondent No.1 is son of applicant No.1 and brother of respondent Nos. 2 and 3. Respondent No.1 is eldest male member. This is an application for injunction. The sale was for consideration of Rs. 2,31,000/-. There is nothing on record to show that the possession was not delivered as per the sale-deed and the plaintiffs continued to be in actual possession. 2 3. At this stage for application for temporary injunction, this Court is not called upon to consider validity of the sale-deed and whether it is binding on the applicants. The Trial Court has given reasons for refusing to grant injunction. There appears to be no reason to grant injunction pending this appeal. The appellants have not produced any evidence with this application to prove their actual possession. The interim order passed pending the suit cannot be said to be evidence. 4. In the circumstances, the Civil Application is dismissed. [P.R. BORKAR,J.] snk/2010/APR10/ca6772.08