1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.628 OF 2009 WITH CIVIL APPLICATION NO.785 OF 2009 Mr.Sampat Jaywant Nimbalkar ..Appellant V/s Mr.Dayanidhi Prasad Verma ..Respondent ---- Mr.Manoj Gadkari for the appellant. Mr.G.S.Godbole i/by Nitin Muley for the respondent. ---- Coram : R.S.MOHITE,J Date : 29.9.2009. PC 1 This is an appeal filed by the original defendant impugning an order in which interim relief has been granted by the trial Court in the plaintiff’s suit for specific performance of an agreement dated 23.2.2006. It is contended by the appellant that the said document is a forgery. The appellant however, admits that on the same day he has executed a power of attorney enabling the original plaintiff for disposing off the suit property. A glance on the signature on the said power of attorney indicates that the signature is almost identical to the signature of agreement for sale. It is contended on behalf of the appellant that in the suit agreement there was a reference of an earlier transaction of 1998 with one Ajay Kumar. He contends that Ajay Kumar was not made a party to the suit. On perusing the record it is seen that the defendant has denied the 2 agreement of 1998 with Ajay Kumar. The suit agreement mentions that Rs.30,000/- was paid by Ajay Kumar. Ajay Kumar happens to be the son of the plaintiff/respondent. Counsel for the plaintiff/respondent states that at the highest if payment by Ajay Kumar is dis-believed then the plaintiff will have to pay Rs.30,000/- from his own pocket and that he is willing to do so. It is not disputed that the amount of Rs.1,30,000/- was actually received by the present appellant/defendant. The story that this amount was received by way of a hand loan prima facie cannot be believed because there is no record of any such transaction or no security for such a transaction. In this view of the matter, in my view, no error can be found in the impugned order. Appeal is therefore, summarily dismissed. CIVIL APPLICATION NO.785 OF 2009 As the appeal is dismissed, Civil Application does not survive and stands disposed off accordingly. (R.S.MOHITE,J) 3