1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 733 OF 2008 Chetan Vasant Puranik & ors........Appellant. versus M/s. Suyojit Build Tech P.Ltd. & ors....... Respondents. Mr. V.Z. Kankaria for the Applicant Mr. Ramesh D.Soni with Vipin Kasle & Mrs. Neha Bhide for the Respondents 11 & 12. CORAM; A.P. DESHPANDE, J. DATED; 22ND AUGUST, 2008. P.C.: 1. The appellant is the original Plaintiff who filed the suit for specific performance of contract in respect of a flat booked by him. It is the case of the appellant that he has paid a sum of Rs. 25,000/­ for booking of the flat . In the suit an application was made seeking temporary injunction with a view to restrain the Defendants from creating third party interest and/or transfer of the possession of the flat to a third party. A reply has been filed by the Defendants to the application moved under Order 39 Rule 1 and 2. It was claimed that the possession of the flat in question 2 was already handed over to one Mrs. Deepa under a registered agreement and the same was followed with the possession receipt and confirmation deed. 2. The trial Court has found in the first place that primafacie there is no concluded contract and in the second place it is held that interest has been created in favour of one Deepa, who has not been jointed as party Defendant in the suit. Hence the trial court declined to grant temporary injunction and it is found that no primafacie case is made out. 3. Perused the order impugned. The same does not call for any interference as the trial court has taken a possible view of the matter. Hence appeal deserves to be dismissed and the same is according dismissed. (A.P. DESHPANDE, J.)