1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.447 OF 2009 WITH CIVIL APPLICATION NO.540 OF 2009 Shri Balasaheb Shankarrao Shinde since deceased, through his heirs and L.Rs. Smt. Malan Balasaheb Shinde & Ors. ..Appellants V/s Shrirang Pandurang Nalawade since deceased through his heirs and legal Rs. Shri Mahadeo Shrirang Nalawade & Ors. ..Respondents ­­­­ Mr. R.A.Thorat for the appellants. Mr.P.B.Shah for respondent nos.3(a) to 3(c), 4 & 5. ­­­­ Coram : R.S.MOHITE,J Date : 17th August, 2009. PC 1 This is an appeal filed by the original plaintiff. The plaintiff had filed the suit in the trial Court for a declaration that the sale deed dated 1.11.1983 executed by his father Shankarrao in favour of defendant nos.1 & 2, was sham and bogus document. It is contended that pending the suit, ad­interim injunction was granted against the defendants interfering with the plaintiff’s possession and this was confirmed upto the High Court. However, it appears that thereafter evidence was led and on the basis of the evidence led the plaintiff’s suit came to be dismissed on merits. The plaintiff then filed an appeal and 2 sought to protect his possession by seeking interim relief. This was sought on the ground that the plaintiff had been enjoying interim relief during the pendency of the suit. In my view, appellate Court has rightly observed that the finding at the interim stage were prima facie in nature and that thereafter the matter had been dealt with and disposed off on the basis of evidence subsequently led at the trial. In my view, on the dismissal of the plaintiff’s suit the impugned sale deed executed by the father of the plaintiff remains legal and valid. It is not disputed that the said sale deed was for valid consideration. The appellate Court has observed that during the life time of Shankarrao i.e. plaintiff’s father, there was further alienation by defendant nos.1 & 2 in favour of defendant nos.3 & 4 and that this was not objected to by Shankarrao. In my view, this is not a case where any protection to be given to the plaintiff pending the appeal. If plaintiff succeeds in the appeal then his possession would revive. Hence, appeal is therefore, dismissed. CIVIL APPLICATION NO.540 OF 2009 1 As the appeal has been dismissed, Civil Application does not survive and stands disposed off accordingly. (R.S.MOHITE,J) 3