1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. First Appeal No.720 of 2009. Sou. Lilibai Gulabrao Kalbande & Ors. VS. Jayram S/o Budhaji Manwar. Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. Mr. S. D. Chopde, Advocate for the appellant. Coram : A.H. Joshi, J. Dated : 06th July, 2009. 1. The plaintiff s prayer for decree of specific performance which has been refused, instead, the trail Court has granted decree in following terms :- 2) All defendants are hereby restrained from causing obstruction to and/or interfering in the possession of the plaintiff over the suit fields till the title holder theirof gets possession resorting due process of laws. 3) The defendant No.1 is ordered to pay Rs.50,000/- to the plaintiff, with future interest @6% p.a., from the date 2 of this suit till its realization. [Quoted from page 29 of appeal paper book] 2. The direction contained in order clause (2) is based on finding contained in para 28 which reads as follows:- 28..................................... Moreover, the defendant No.1 has not entered in the witness box supporting the defence and rebutting the facts of the case of plaintiff. On the basis of an agreement to sell between plaintiff and defendant No.1 regarding the suit field, the present exclusive possession of the plaintiff in the suit fields is lawful................................ [Quoted from page 17 of appeal paper book] 3. The memo of appeal and long oral arguments do not reveal any point having any foundation on which the finding quoted in the foregoing para can be assailed. 4. Any chance of reversal decree appealed is not seen even remotely. 3 5. Appeal has no merit, and therefore, it is dismissed without notices to the respondents and sending for records. JUDGE /Muley/