: 1 : FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPEAL FROM ORDER (ST.) NO.24226 OF 2008 -------------------------------------------------------------- Office Notes, Office Memoranda Court’s or Judge’s orders of Coram, appearances, Court’s . orders or directions and . Registrar’s orders . -------------------------------------------------------------- Mr.N.G. Karekar for the Appellants. Mr.Birendra Saraf i/b M/s.I.C. Legal for the Respondent. CORAM : S.J. VAZIFDAR, J. DATED : 10TH NOVEMBER, 2008. P.C. : 1. The impugned order warrants no interference. 2. The suit is filed only for a declaration that the Defendant/Respondent is a trespasser and for an injunction restraining him from entering upon the property. It is doubtful that the suit which is filed only for a declaration in such circumstances is maintainable. 3. Moreover even on facts no : 2 : interference is warranted at this stage. The Plaintiff’s claim title in the suit property through a common ancestor Daniel Francis Pimenta, who expired on 14.7.1961. The Plaintiffs/Appellants claim that a will allegedly executed by him has been probated by this Court. They further state that a family arrangement in respect of the suit property had been entered into whereby the suit property came to the share of their immediate predecessor. 4. The will cannot affect the rights created by the deceased Daniel Francis Pimenta during his life time. . By a registered conveyance dated 16.6.1961, the said deceased transferred the property to one K.P. Divedi. . It appears that one M.H. Wali constructed a structure on a part of the suit property. In the year 1972 the said Wali transferred his rights in respect of the suit property to one V.M. Shetty. The said transfer was also by a registered deed. : 3 : . Ultimately by two separate registered deeds both dated 10.4.2001, the said K.P. Divedi and V.M. Shetty transferred their rights in the said property to the Respondent. 5. None of the above documents have been challenged. There is nothing to indicate that the documents or any of them were fraudulent or illegal. 6. The mere fact that the mutation entries at various stages show the rights of various parties would by itself in these circumstances be of no assistance to the Applicants. 7. The construction on the suit property started in January, 2008. It has come up to the third level. 8. In the circumstances, the Appeal from Order is dismissed.