1 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 727 OF 2009 ALONG WITH CIVIL APPLICATION NO. 905 OF 2009 Dhiraj Ashok Akude ... Appellant v/s Smt.Vidya Dilip Pukale & anr. ... Respondents Mr.Ajay Basutkar for the appellant. Mr.A.S.Kulkarni for the respondent No.1 & 2. CORAM: SMT.NISHITA MHATRE, J. DATED: 22ND FEBRUARY, 2010 P.C.: 1. The appellant has filed the present appeal from order against the refusal to grant temporary injunction to him by the Trial Court. The appellant claims to have entered into an agreement of sale with respondent No.1. During the subsistence of that agreement, respondent No.1 entered into another transaction with respondent No.2. As a result, the appellant has sought specific performance of the contract between him and respondent No.1. The Trial Court has 2 refused the injunction on the ground that the appellant has moved the Court after an inordinate delay. The Trial Court has also observed that although the plaintiff claims that he is in possession of the suit premises, there is no material on record to indicate that in fact he was in possession of the suit premises. 2. In my opinion, it would be necessary to lead evidence in the matter before arriving at any conclusion. The learned advocate for respondent Nos.1 and 2 submits that respondent No.2 – the subsequent purchaser is not going to create third party rights in respect of the suit premises. 3. In this view of the matter, the appeal from order is rejected along with the civil application. However, the suit is expedited. ..... 3