- 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER No. 639 OF 2010 Prashant Moreshwar Jagtap & Anr. .. Appellants Vs. Dr. Ujwala Chandrakant Kapse ..Respondent Mr. V. Z. Kankaria, for the Applicants. None for the Respondent. CORAM : R. C. CHAVAN, J. DATED : JUNE 24, 2010. P.C. : . This appeal is directed against the order passed by the learned Civil Judge, S. D. Nasik, rejecting the applicants’ application for temporary injunction to restrain the respondent from transferring the suit property till disposal of the suit. The applicants had entered into an agreement to purchase a suit plot, by an agreement dated 25th August 2007. A sum of Rs. 10,11, 000/- was paid. A sum of Rs. 36,74,500/- was to be paid after one and one-fourth month, after the receipt of an earnest money. Thus, this payment would have been due in the first week of - 2 - October 2007. Further, a sum of Rs. 80,42,000/- was to be paid after 2 and half months i. e. it would have been due some time in the month of November, 2007. The total consideration was 93,71,000/- and the appellants had paid only Rs.10,11,000/- out of the said consideration. The vendor found that the appellants had not paid the amounts, as agreed and therefore, issued a notice to the appellants on 23rd October 2007, calling upon the appellants to complete the transaction. Yet the appellants failed to pay the balance consideration. The learned Judge cannot be faulted for refusing the interim relief, in the circumstances, when after paying only a small fraction of entire consideration and failing to pay the balance, in spite of a notice, the appellants were trying to block further developments in the suit property. In view of this, it cannot be said that appellants had made out a case for grant of temporary injunction, and therefore, application for the same was rightly rejected by the learned Judge. Appeal is therefore, dismissed. Sd/- [R. C. CHAVAN, J.]