: 1 : FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPEAL FROM ORDER NO.982 OF 2008 WITH CIVIL APPLICATION NO.1196 OF 2008 -------------------------------------------------------------- Office Notes, Office Memoranda Court’s or Judge’s orders of Coram, appearances, Court’s . orders or directions and . Registrar’s orders . -------------------------------------------------------------- Mr.Jaydeep S. Deo for the Appellant. CORAM : S.J. VAZIFDAR, J. DATED : 29TH SEPTEMBER, 2008. P.C. : 1. I am not inclined to interfere with the impugned order rejecting the Appellant’s application for usual interim reliefs in a suit for specific performance. The Appellant claims to have a right of pre-emption against Defendant No.1/Respondent No.1, who is his sister. The alleged agreement is dated 10.8.1994. It is further alleged that pursuant thereto, by an agreement to sell dated 9.9.2004, Defendant No.1 agreed to sell the property to the Appellant. A sum of : 2 : Rs.1,00,000/- is said to have been paid by the Appellant to Defendant No.1. The Appellant further claims to have been in possession of the property since 1994. 2. There is nothing on record as of date to indicate the Appellant’s possession in respect of the suit property except the alleged agreement dated 9.9.2004. That however, cannot affect the rights of Respondent No.3, who is a third party, who has purchased the said property from Defendant No.1 under a registered conveyance. The mutation has been effected in the 7/12 extract in favour of Defendant No.3. 3. It is stated that there is considerable evidence to establish the possession of the Appellant. The same however, was not produced before the trial Court. I am not inclined to see this evidence at this stage. It is always open to the Appellant to adopt proceedings in accordance with law for the purpose of establishing his rights, if any, based on : 3 : such alleged documents. Even presuming that the Appellant has any rights against Defendant No.1, the rights of Defendant No.3 cannot be affected. 4. In the circumstances, the Appeal from Order is dismissed. The Civil Application is accordingly dismissed.