1 W.P.No.5887/11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.5887 OF 2011. 1. Sominath S/o Narayan Sonawane, Age 42 years, Occ.Agril., R/o Khamgaon, Tq.Phulambri, Dist. Aurangabad. 2. Kailash S/o Narayan Sonawane, Age 37 years, Occ.Agril., R/o Khamgaon, Tq.Phulambri, Dist. Aurangabad. ... Petitioners. Versus Daulat Khan S/o Ibrahim Khan, Age 42 years, Occ.Agril., R/o Khamgaon, Tq.Phulambri, Dist. Aurangabad. ... Respondent. ... Mr.V.B.Garud, advocate for the petitioners. ... CORAM : S.V.GANGAPURWALA,J. Date : 08.08.2011. 2 W.P.No.5887/11 PER COURT : 1. Heard. 2. The present Respondent/original plaintiff has filed a suit for injunction. Along with the suit also filed an application for temporary injunction. The trial Court allowed the application for temporary injunction. Aggrieved thereby, the defendants filed appeal before the District Court. The District Court also dismissed the appeal and confirmed the finding of the trial Court. The defendants have assailed the said judgment in the present Writ Petition. 3. Mr.Garud, learned counsel for the petitioner submits that the Courts below have relied on the documents filed by the plaintiff, at the same time has failed to consider the documents filed by the defendants. The plaintiff under the garb of the injunction order is making construction over the basement of the defendants and in fact, is encroaching on the land of the 3 W.P.No.5887/11 defendants. The plaintiff can not be allowed to carry on such illegal activities. According to the learned counsel, the plaintiff has not approached the Court with clean hands and as such is not entitled for injunction. The learned counsel contends that the complaint filed by the present petitioners is self-eloquent of the encroachment being made by the plaintiff. So also the execution proceedings filed by the present petitioner also shows that the contentions made by the petitioners are genuine. 4. The Courts below have considered the compromise decree between the parties in earlier suit. On consideration of the registered sale deed, mutation entries, complaints filed by the rival parties, photographs and the maps, both the Courts have concurrently arrived at a prima facie satisfaction of the plaintiff's possession. At this stage, the Court has to be prima facie satisfied about the case put forth. If the defendants feel that during pendency of the suit, there is encroachment, the petitioners have remedy at their disposal. 4 W.P.No.5887/11 5. The view taken by the Courts below is a possible view and as such the Writ Petition is dismissed. However, there shall be no order as to costs. 6. Needless to state that the observations made at this stage are prima facie in nature and while deciding the suit finally, the Court has to consider the evidence before it dehors the observations made in the present proceedings. (S.V.GANGAPURWALA,J.) asp/office/wp588711