1 IN THE HIGH COURT OF BOMBAY AT GOA. APPEAL FROM ORDER NO.9 OF 2007. Mrs. Irene D'Souza, major, business, Wife of late Ashley D'Souza, I. C. Colony, Road No.3, Borvoli (W) Mumbai. ... Appellant. V/s. 1. Mr. Marcos Brazinha Fernandes alias Mark Fernandes, alias Marc Fernandes alias Marcus Marquis Felix Fernandes, major. 2. Mrs. Maria Fernandes, Major, Both residents of G-2, “Meghna” Near Salgaonkar Law College, Miramar, Goa. ... Respondents. Mr. A. D. Bhobe, Advocate for the Appellant. Mr. M. S. Joshi, Advocate for the Respondents. CORAM : A. H. JOSHI., J. DATE : 1st September, 2009. J U D G M E N T 1. Learned Trial Court has refused to grant temporary injunction in favour of the appellant holding that plaintiffs have no prima facie strong 2 case. This is an appeal against said order. 2. Heard. Perused record forming part of paper book. 3. The perusal discloses following facts:- (a) Alleged agreement is dated 9.4.1994. (b) Delivery of possession is not proved. (c) Payment of consideration is not proved. (d) Though house tax receipt dated 10.10.2003, the payment of tax for continuous period in past is not proved. (e) Transfer of tax record in the name of plaintiff was objected to by the defendants. (f) Record relied upon by the plaintiff is based on his transfer done in 2003 . 4. Impugned judgment discloses that the observations and findings of Trial Court are based on record. 5. Plaint does not disclose the existence of alleged letter of delivery of possession, copy whereof is at page 74. More over this letter does not bear any date. 6. This Court therefore, reaches the conclusion that the trial court was right in drawing an inference that plaintiff has failed to place on record 3 copy of general power of attorney which he claims to have been executed by the defendants simultaneous to delivery or possession. 7. Sum effect is that impugned order is based on record and is well reasoned. Conclusions drawn by Trial Court are not liable to be regarded as rendered without considering material on record. 8. The conclusions are not shown to be:- (a) Contrary to record. (b) or otherwise illegal. 9. Appeal has no merit and is dismissed with costs. A. H. JOSHI. ah/-