1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 595 OF 2009 WITH CIVIL APPLICATION NO.719 OF 2009 Shri.Sudhir L. Tandon and ors. ..Appellants. Vs. Kailas Babulal Wani and ors. ..Respondents Mr. S.A.Sawant for the Appellant. Mr.Dilip Bodake with Mrs. Kiran Dhawade for the Respondents. CORAM : R.S. MOHITE, J. DATE : 30TH JULY, 2009 PC : 1. This is an appeal impugning an order dated dated 4.6. 2009 passed by the Civil Judge, S.D. Pune below Exhibit-5 in Special Civil Suit No.853 of 2008. The plaintiffs who are children of one Laxminarayan Tandon have challenged the registered sale deed dated 23.2.2007 executed by their father in favour of the respondents for an amount of Rs. 1.30 Crores. On perusal of the said document, it is 2 found that out of the consideration amount, an amount of Rs.1,15,00,000/- was paid by cheques and amount of Rs.15,00,000/- was adjusted against the rights of other party. It is not disputed that the cheque amounts have been received by the father .In such situation. the title to the property has passed in favour of the defendants. Some attempt was made to persuade me that there is evidence to indicate that the documents must have been obtained fraudulently. The averments in this regard are cheating, undue influence, coercion and misrepresentation etc. The trial court has correctly recorded that oral evidence is required. In application Exh.5 the plaintiffs have prayed that the defendants may be restrained from creating third praty right or changing the user of the property. Since the title has already passed in favour of the defendants such relief cannot be granted. Hence, appeal rejected. 2. It is made clear that the observations made 3 in this order are prima facie and the trial court to decide the suit on its own merits without being influenced by the observations made in this order. CIVIL APPLICATION NO.719 OF 2009 2. As the appeal is rejected, civil application for stay of the impugned order does not survive and the same is also rejected. ( R.S.MOHITE, J.)