1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD APPEAL FROM ORDER NO.106 OF 2008 _______________________________________________________________ Office Notes, Office } Memoranda of Coram, } Court's or Judge's orders appearances, Court's } orders or directions } and Registrar's orders } ___________________________}___________________________________ Mr.S. G. Bhalerao, Advocate for appellant. Mr.R. D. Biradar, Advocate for respondent no.1. ........ [CORAM : K.U.CHANDIWAL, J. ] DATE : 21st January, 2010. PER COURT : 1. Heard Counsel for the original plaintiff and the respondent no.1 extensively. Refusal to grant injunction as sought below Exhibit-5 in Special Civil Suit No.28/2007 by order dated 24th July, 2008 is the subject matter of this appeal from order. The plaintiff asserted that he had oral agreement of tenancy and oral agreement of sale and he has examined by way of affidavit one Mr.Miraj. The learned Judge did not agree with the sole affidavit of said Mr.Miraj as there is no documentary evidence as canvased by the plaintiff. It is 2 not sole reason to discard the oral agreement and oral agreement to sale. The learned Judge, found no revenue record in the form of 7/12 extract could be placed by the plaintiff, though plaintiff asserted to be in use or occupation of the property. The electricity bill for which the reference was given were found to be of adjoining property. No fault in rejecting prayers in Application below Exhibit-5. The appeal lacks merit, hence dismissed. The observations are prima facie in nature, the learned Judge should not be swayed with the same while adjudicating the main matter. The civil application also disposed of. [ K.U.CHANDIWAL ] JUDGE gas/ao106.08