1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.6774 OF 2009 Yuvraj Shamrao Jadhav ...Petitioner vs. Hanmant Nana Jadhav and others ...Respondents Ms Manjiri Parasnis for the petitioner None for the respondents CORAM :A.S.OKA,J. DATE : SEPTEMBER 29, 2009 P.C. 1 Heard the learned counsel for the petitioner. The petitioner is the original second defendant. In a suit filed by the respondent nos.1 and 2, temporary injunction has been granted by the Appellate Court for protecting the possession of the respondent nos.1 and 2 and for restraining the respondent no.3 (the defendant no.1) from disconnecting the electricity supply granted in the name of the first respondent to the bore-well on the suit property. The learned counsel for the petitioner submitted that though there may be a sale deed executed in favour of the respondent no.2, the fact that the said respondent was put in possession has not been established. She submitted that in any event, electricity connection has been illegally and unauthorisedly obtained by the first respondent and therefore, the court should not have granted equitable relief. 2 2 After having considered the submissions, I find that there is no merit in the petition. There is a registered sale deed executed in the year 2004 in favour of the second respondent (second plaintiff) by the petitioner. Therefore, a primafacie finding has been recorded that the second plaintiff is the owner and is in possession of the suit property. So long as the second plaintiff has no objection for granting the electricity connection to the bore well in the name of the first plaintiff, the third respondent cannot disconnect the supply. 3 There is no reason to interfere with the discretionary order passed by the Appellate Court. Writ petition is rejected. 4 It is made clear that the observations made by the Appellate Court as well as this court are only tentative observations and the suit will be decided on its own merits without being influenced by the said observations. JUDGE