: 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.41 OF 2009 M/s.Chheda Accommodation ... Appellant V/s. M/s.Kalpataru Associates & Ors. ... Respondents Mr.H.S. Shreepad Murthy for Appellant Mr.A.G. Damle for Resp. 1, 2 & 3 Mr.G.R. Agarwal for Respondent No.1 CORAM: SMT.NISHITA MHATRE, J. DATED: NOVEMBER 5, 2009 P.C.: 1. The appeal from order challenges the order passed on 29.9.2008 by the Civil Judge, Senior Division, Vasai. By this order, the application for interim relief of the plaintiffs-appellants has been rejected on the ground that one of the partners to Respondent No.1 firm had not signed the agreement by which the development rights of the suit land were assigned to the plaintiffs. 2. The trial Court has considered the facts on record and has held that since the Memorandum of Understanding was between the plaintiffs and defendant Nos.2 and 3 it could not be binding on defendant No.4. Mr.Murthy was at pains to suggest that the land in question was in the nature of stock in trade and therefore section 19 of the Indian Partnership Act would not apply. : 2 : 3. In my opinion, this is a matter which will be decided at the trial. Prima facie, the Court has found that there is no need to grant any injunction and has therefore, refused it. I do not see any reason to interfere in the same. Hence, the Appeal from Order is rejected. 4. Any observations made by the trial Court or this Court at the prima facie stage naturally would not be binding on the trial Court at the final hearing of the suit. 5. In view of the Appeal being rejected, nothing remains in Civil Application No. 449 of 2009 and the same is dismissed accordingly.