: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.68 OF 2008 ALONGWITH CIVIL APPLICATION NO.99 OF 2008 Kamal @ Suvarna K. Bhalwankar .. Appellant V/s. Suryajirao H. Gawade & Ors. .. Respondents Mr. Vijay Killedar for the Appellant. Mr. Umesh Mankapure for Respondent Nos.1 to 3, 10 and 11. Mr. Purshottam G. Chavan for Respondents Nos.13, 14 and 15. CORAM : SMT. NISHITA MHATRE, J. DATED : 8 TH DECEMBER, 2009. P.C.: 1. The appellant has approached this Court against the order passed by the trial Court on 10th December, 2007. The appellant, who is a sister of defendant Nos.1, 4, 8 and 9 and a relative of defendant Nos.2, 3, 5, 6, 10, 11 and 12, has filed a Suit for partition of the property of one Haribau. Haribau died in 1999. It appears that defendant Nos.13, 14 and 15 have developed land admeasuring 33-R out of Survey No.292/6, C.T.S. No. 1640 at Chinchwad, Keshav Nagar, Dist. Pune. : 2 : 2. The plaintiff has filed the Suit in 2007. It appears that the respondents had already entered into a development agreement in 2001 with defendant Nos.13 to 15. Conveyances with third parties i.e. 184 persons have been executed by defendant Nos.13 to 15 in 2007 before the filing of the application for interim relief. 3. In these circumstances, in my opinion, the trial Court has rightly refused the injunction. 4. The Appeal from Order is dismissed. 5. In view of the above, Civil Application No.99 of 2008 pending in the Appeal from Order does not survive and the same is dismissed. .......