1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Appeal from Order No. 364 of 2009 With Civil Application No.440 of 2009 Suresh A. Patil. ..Appellant. Vs. Uttam Narayan Thackray. ..Respondent. Mr. N.V.Walawalkar for the Appellant. Mr. R.M. Haridas for the Respondent. CORAM : R.S. MOHITE, J. DATE : 22ND JULY, 2009 PC : 1. This is an appeal filed by the original plaintiff impugning an order dated 26.2.2009 below Exh.5 rejecting the plaintiff s application for temporary injunction. The plaintiff has filed a suit in the year 2008 mixing two causes of action. He seeks specific performance as per a written agreement dated 19.5.1992 which pertains to four acres of land. The total costs of this land is Rs. 2.80,000/-. It is stated by the plaintiff that he paid that amount in March, 2000 and at that time he entered into another oral agreement for purchase of 2 further four acres of land. In this regard, he had paid further amount of Rs.1.00 lac. As observed by the trial court, in respect of the agreement dated 19.5.1992, though the said agreement provided for completion of the transaction within a period of 18 months, no correspondence whatsoever was made by the plaintiff till the year 2008. Prima facie, suit would be barred by limitation. As regards the oral agreement, the same is said to be evidenced by certain receipts issued by the defendant. The receipts admittedly do not specify the property agreed to be sold. In the background of these facts, in my view, no fault can be found with the order of the trial court refusing to grant interim injunction. There is no substance in the appeal and the same is rejected. 2. The Advocate for the appellant states that he would like to proceed to a higher court and states that the order of status quo which is operating till today may be continued for further period of 3 eight weeks. Order of status quo is therefore, continued for further period of eight weeks from today. 3. It is made clear that the observations made in this order are prima facie and which are not to be taken into account at the time of trial. ( R.S. MOHITE, J.)