1 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 392 OF 2009 ALONG WITH CIVIL APPLICATION NO. 472 OF 2009 Khalid Hasan Sarver ... Appellant v/s Sugara Musa Gorekar & ors. ... Respondents Mr.K.S.Dewal for the appellant. Ms.Gauri Godse for respondent Nos.4 and 6. CORAM: SMT.NISHITA MHATRE, J. DATED: 1ST DECEMBER, 2009 P.C.: 1. The appeal from order has been preferred against the order passed by the Trial Court on 8.8.2008. By this order, the interim relief application Exh.5 has been rejected. The Trial Court has concluded prima facie that the alleged agreement between Musa Gorekar i.e. the predecessor-in- title of respondent Nos.1 to 6 and the appellants, has not been proved. The Court has taken into consideration the conduct of the parties and has observed that the appellants 2 chose to remain silent about the agreement from 1997 when it was executed till 2008, when they filed the suit. Even after the death of Musa Gorekar in 2002, the appellants filed the suit about six years later. The appellants had called upon respondent Nos.1 to 6 to abide by the agreement allegedly signed by them with Musa Gorekar. Respondent Nos.1 to 6 have denied the existence of such an agreement. 2. In these circumstances, the Trial Court, in my opinion, has rightly refused the interim relief. Apart from this, it appears prima facie that there is no documentary evidence to indicate that the appellants had indeed paid any amount to Musa Gorekar as per the settlement. 3. Appeal from order rejected along with the civil application. ..... 3