1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.4731 OF 2011. Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Mr.V.P.Patil, advocate for the petitioner Mr.S.P.Tiwari, advocate holding for Mr.M.S.Sonawane, advocate for the Respondent No.1. CORAM : S.V.GANGAPURWALA,J. Date : 12.09.2011. PER COURT : 1. Heard. 2. The petitioner is the original defendant. The Respondent has filed a suit for injunction. Along with the suit has filed an application for temporary injunction. The said application for temporary injunction was initially rejected. Thereafter the plaintiff filed appeal which came to be allowed by the District Court vide judgment and order dated 6.1.2011. Aggrieved thereby, the present Writ Petition is filed. 3. Mr.Patil, learned counsel submits that there was oral partition/family arrangement. Relations between the parties is not disputed. Even the persons in whose presence the partition had 2 taken place have filed affidavits substantiating the theory of the petitioner. This aspect has not been considered by the Court. 4. Mr.Tiwari, learned counsel for the Respondent submits that the appellate Court has rightly come to the conclusion relying on the registered document and the consistent revenue entries appearing since 35 years. 5. At this stage, the Court is required to consider the prima facie case. The relations between the parties are not disputed. The petitioner is the son of the Respondent. The parties have yet to adduce evidence and prove their respective case. As such, at this stage it would be inappropriate to give any finding on a particular aspect. 6. In view of the above, it would be in the fitness of things to get the suit decided expeditiously. The parties shall maintain statusquo in respect of the possession. The trial Court shall decide the suit expeditiously and preferably within a period of six (6) months from today. 7. The Writ Petition is accordingly disposed of. No costs. (S.V.GANGAPURWALA,J.) Dt.12.09.2011. asp/office/wp4731.11 3